HER MAJESTY, by and with the advice
and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1) In this
Act,

(a) “Alberta
employee organization” means any organization that bargains collectively for
employees in Alberta, and for the purposes of this Act all branches in Alberta
of an employee organization are deemed to be one employee organization;

(a.01) “Alberta
trade union” means a trade union as defined by the Labour Relations Code,
the Public Service Employee Relations Act or the Canada Labour Code
(Canada) that holds bargaining rights for employees in Alberta, and for the
purposes of this Act all locals of a trade union are deemed to be one trade
union;

(a.02) “audited
financial statement” means a financial statement that has been independently
audited by a professional accounting firm registered under the Chartered
Professional Accountants Act and authorized to perform an audit engagement;

(i) in
the case of a general election held in accordance with section 38.1(2) of the Election
Act, the period commencing on February 1 in the year in which the election
is held and ending 2 months after polling day,

(ii) in
the case of a general election held other than in accordance with section
38.1(2) of the Election Act, the period commencing with the issue of a
writ for the election and ending 2 months after polling day,

(iii) repealed
2017 c29 s116;

(iv) in
the case of a by‑election, the period commencing with the issue of a writ
for the by‑election and ending 2 months after polling day, and

(v) in
the case of a nomination contest, the period beginning on the date the
nomination contestant is required to register under section 9.3 and ending 2
months after the day on which a nomination contestant is selected for
endorsement as the official candidate of the registered party for an electoral
division;

(vi) in
the case of a leadership contest, the period beginning on the date the
leadership contestant is required to register under section 9.2 and ending 2
months after the day on which a leadership contestant is selected to be the
leader of the registered party;

(c) “candidate”
means

(i) with
respect to an election under the Election Act, a person

(A) who
is selected for endorsement as the official candidate of a registered political
party for the electoral division, or

(B) who,
after the commencement of the campaign period, declares the person’s candidacy
as an independent candidate at the election in the electoral division;

(ii) repealed
2017 c29 s116;

(d) “constituency
association” with reference to an electoral division means the association or
organization endorsed by a registered party or an elected independent member of
the Legislative Assembly as the official association of that party or
independent member in the electoral division;

(e) “contribution”
means, subject to subsection (5), any money, real property, goods or services,
or the use of real property, goods or services, provided

(i) to
a political party, constituency association, candidate, nomination contestant
or leadership contestant, or

(ii) for
the benefit of a political party, constituency association, candidate,
nomination contestant or leadership contestant with the consent of the
political party, the constituency association, the candidate, the nomination
contestant or the leadership contestant,

without
compensation from that political party, constituency association, candidate,
nomination contestant or leadership contestant;

(f) “election”
means an election of a person as a Member of the Legislative Assembly conducted
under the Election Act;

(f.1) “election
period” means the period commencing the day the writ of election is issued for
an election and ending at the end of the polling day;

(g) “employee
organization” means an organization, other than a trade union, that bargains
collectively for employees;

(h) “financial institution” means a bank, a treasury
branch, a credit union, a loan corporation or a trust corporation;

(i) “general
election” means a general election as defined in the Election Act;

(i.1) “leadership
contest” means the procedure by which a registered party selects a leader;

(i.2) “leadership
contestant” means a person who seeks the leadership of a registered party at a
leadership contest called by that party for that purpose;

(i.3) “leadership
vote” means the vote at which the leader of a registered party is selected;

(i.4) “nomination
contest” means a process referred to in section 9.3 for the selection of a
person for endorsement as the official candidate of a registered party for an
electoral division;

(i.5) “nomination
contestant” means a person who seeks endorsement in a nomination contest as the
official candidate of a registered party for an electoral division;

(j) “person”
means an individual;

(k) “polling
day” means the day fixed pursuant to the Election Act for voting at an
election;

(l) “prohibited
corporation” means

(i) a
Provincial corporation as defined in the Financial Administration Act,
and includes a management body within the meaning of the Alberta Housing Act
and a regional health authority and a subsidiary health corporation under the Regional
Health Authorities Act,

(ii) a
municipality,

(iii) a
Metis settlement,

(iv) a
school board under the School Act,

(v) a
public post‑secondary institution under the Post‑secondary
Learning Act,

(vi) repealed
2012 c5 s58,

(vi.1) a
corporation associated with a corporation referred to in subclauses (i) to (v)
as determined under subsections (2.1) to (2.3),

(vi.2) a
corporation that does not carry on business in Alberta,

(vi.3) a
registered charity,

(vi.4) a
publicly funded corporation as determined by the regulations, or

(vii) any
corporation, or corporation within a class of corporation, designated by
the Lieutenant Governor in Council as a prohibited corporation;

(l.01) “prohibited
person or entity” means a person not ordinarily resident in Alberta, a
corporation and an unincorporated association or organization;

(l.1) “recorded
mail” means a form of document delivery by mail or courier in which receipt of
the document must be acknowledged in writing;

(m) “registered
candidate” means a candidate registered under this Act;

(m.1) “registered
charity” means a registered charity within the meaning of subsection 248(1) of
the Income Tax Act (Canada);

(o) “registered
party” means a political party registered under this Act;

(p) “trade
union” means an organization of employees that has a written constitution, rules
or bylaws and has as one of its objects the regulation of relations between
employers and employees;

(q) “unincorporated
association or organization” includes a trade union and an employee
organization.

(1.1) Terms defined in Part 6.1 relating to third
parties apply to the use of those terms with respect to third parties in the
rest of this Act.

(2) For the purposes of this Act, a document that
is required to be filed with the Chief Electoral Officer is filed when it is
actually received by the Chief Electoral Officer.

(2.01) The Chief Electoral Officer may issue
guidelines

(a) to
identify which documents required to be filed under this Act may be filed
electronically, and

(b) the
manner in which they may be filed,

and
shall publish any guidelines on the Chief Electoral Officer’s website.

(2.1) For the purposes of this Act,

(a) a
corporation is associated with another corporation if one of them is the
subsidiary of the other or both are subsidiaries of the same corporation or
each of them is controlled by the same person, and

(b) if
2 corporations are associated with the same corporation at the same time, they
are deemed to be associated with each other.

(2.2) For the purposes of this Act, a corporation is controlled
by a person if

(a) securities
of the corporation to which are attached more than 50% of the votes that may be
cast to elect directors of the corporation are held, other than by way of
security only, by or for the benefit of that person, and

(b) the
votes attached to those securities are sufficient, if exercised, to elect a
majority of the directors of the corporation.

(2.3) For the purposes of this Act, a corporation is a subsidiary
of another corporation if

(a) it
is controlled by

(i) that
other corporation,

(ii) that
other corporation and one or more corporations, each of which is controlled by
that other corporation, or

(iii) 2
or more corporations, each of which is controlled by that other corporation,

or

(b) it
is a subsidiary of a corporation that is that other corporation’s subsidiary.

(3) Corporations that are associated with one another as
determined under subsections (2.1) to (2.3) are considered a single corporation
for the purposes of this Act.

(3.1) Repealed 2012 c5 s58.

(4) Nothing done or omitted to be done by a
corporation is a contravention of this Act solely because that corporation
subsequently becomes associated with any other corporation.

(5) For the purposes of subsection (1)(e),
“services” does not include

(a) volunteer
labour provided by a person, so long as that person does not receive from his
or her employer, or any person, compensation or paid time off to volunteer,

(b) audit
and professional services provided free of charge to the recipient for work
relating to compliance with this Act,

(c) services
provided free of charge by a person acting as the chief financial officer for
work relating to compliance with this Act, or

(d) services
that a candidate, nomination contestant or leadership contestant provides in
support of his or her own campaign,

but for greater certainty, “services”
includes services provided by a person who is self‑employed if the
services are normally charged for by that person.

1.1(1) For the
purposes of this Act, a campaign expense is any expense incurred, or non‑monetary
contribution received,

(a) by
a registered party, registered constituency association or registered candidate
to the extent that the property or service that the expense was incurred for,
or that was received as a non‑monetary contribution, is used to directly
promote or oppose a registered party, a registered constituency association or
a registered candidate during a campaign period, and

(b) by
a nomination contestant or leadership contestant, to the extent that the
property or service that the expense was incurred for, or that was received as
a non‑monetary contribution, is used to directly promote or oppose a
nomination contestant or leadership contestant during a campaign period of the
nomination contestant or leadership contestant, as the case may be.

(2) For the purposes of this section, the use of
goods in a 2nd or subsequent election is a non-monetary contribution.

(3) A campaign expense referred to in subsection
(1) includes an expense incurred for, or a non‑monetary contribution in
relation to,

(a) the
production of advertising or promotional material,

(b) the
distribution, broadcast or publication of advertising or promotional material
in any media or by any other means during a campaign period, including by the
use of a capital asset,

(c) the
payment of remuneration and expenses to or on behalf of a person for the
person’s services as a chief financial officer or in any other capacity,

(d) securing
a meeting place, or

(e) the
conduct of election surveys or other surveys or research during a campaign
period.

(3) In subsection (1), “expense incurred” means an
expense that is incurred, whether it is paid or unpaid.

2016 c29 s3

2 Repealed
2016 c29 s4.

Prohibited corporations

3 The Lieutenant Governor in Council may,
by regulation,

(a) designate
a corporation to be a prohibited corporation;

(b) designate
a class of corporation, a corporation within which class is a prohibited
corporation;

(c) determine
what constitutes a corporation to be a publicly funded corporation for the
purpose of section 1(1)(l)(vi.4).

RSA 2000 cE‑2 s3;2012 c5 s60

Part 1
The Chief Electoral Officer

Duties of Chief Electoral Officer

4(1) The
Chief Electoral Officer, in addition to the Chief Electoral Officer’s other
powers and duties under this Act and the Election Act,

(a) may
examine all financial statements, returns or reports required to be filed with
the Chief Electoral Officer;

(b) may
inquire into or conduct periodic investigations of the financial affairs and
records of

(ii.2) registered
nomination contestants in relation to nomination contests, and

(iii) registered
third parties in relation to election advertising or political advertising under
Part 6.1;

(b.1) may,
on the Chief Electoral Officer’s own initiative or at the request of another
person or organization, conduct an investigation into any matter that might
constitute an offence under this Act;

(c) shall
provide or approve forms for the purposes of this Act;

(d) with
respect to a registered party and a registered constituency association shall
publish the financial statements required to be filed with the Chief Electoral
Officer under section 42;

(e) with
respect to a registered party and a registered constituency association, shall
publish a statement on the Chief Electoral Officer’s website within 30 days
after the date on which a report is required to be filed with the Chief
Electoral Officer under section 32(3), which statement must include the name of
any contributor referred to in the report who has contributed an amount
exceeding $250 in the aggregate, and the actual amount contributed;

(f) with
respect to a registered party and a registered candidate, shall publish a statement
on the Chief Electoral Officer’s website within 30 days after the date on which
a campaign return is required to be filed with the Chief Electoral Officer
under section 43, which statement must include the name of any contributor
referred to in the return who has contributed an amount exceeding $250 in the
aggregate, and the actual amount contributed;

(g) with
respect to a registered nomination contestant, shall publish a statement on the
Chief Electoral Officer’s website within 30 days after the date on which a
nomination contestant campaign return is required to be filed with the Chief
Electoral Officer under section 43.01, which statement must include the name of
any contributor referred to in the return who has contributed an amount
exceeding $250 in the aggregate, and the actual amount contributed;

(h) with
respect to a registered leadership contestant, shall publish a statement on the
Chief Electoral Officer’s website within 30 days after the date on which a
leadership contestant campaign return is required to be filed with the Chief
Electoral Officer under section 43.02, which statement must include the name of
any contributor referred to in the return who has contributed an amount
exceeding $250 in the aggregate, and the actual amount contributed;

(i) with
respect to a third party that engages in election advertising, shall publish a
statement on the Chief Electoral Officer’s website

(i) within
30 days after the date on which an election advertising return referred to in
section 44.9(1) or a report referred to in section 44.9(3) is required to be
filed, which statement must include the name of any contributor referred to in
the return or report who has contributed an amount exceeding $250 in the
aggregate, and the actual amount contributed, and

(ii) as
soon as reasonably possible after the date on which a report referred to in
section 44.81 is required to be filed with the Chief Electoral Officer, which
statement must include the name of any contributor referred to in the report
who has contributed an amount exceeding $250 in the aggregate, and the actual
amount contributed;

(j) with
respect to a third party that engages in political advertising, shall publish a
statement on the Chief Electoral Officer’s website

(i) within
30 days after the date on which a political advertising report is required to
be filed with the Chief Electoral Officer under section 44.82(2), which
statement must include the name of any contributor referred to in the report
who has contributed an amount exceeding $250 in the aggregate, and the actual
amount contributed, and

(ii) as
soon as reasonably possible after the date on which a report referred to in
section 44.82(5) is required to be filed with the Chief Electoral Officer,
which statement must include the name of any contributor referred to in the
report who has contributed an amount exceeding $250 in the aggregate, and the
actual amount contributed.

(2) The Chief Electoral Officer shall after the end
of each year prepare a report on the exercise of the Chief Electoral Officer’s
functions under this Act, including any recommendations for amendments to
this Act, and shall transmit the report to the Standing Committee on
Legislative Offices, which shall on its receipt lay the report before the
Assembly if it is then sitting or, if it is not then sitting, within 15 days
after the commencement of the next sitting of the Assembly.

5(1) For the
purpose of carrying out an examination or inquiry, or conducting an
investigation, referred to in section 4(1), the Chief Electoral Officer has all
the powers of a commissioner under the Public Inquiries Act as though
the examination, inquiry or investigation were an inquiry under that Act.

(2) For the purpose of carrying out an examination or inquiry,
or conducting an investigation, referred to in section 4(1), a representative
of the Chief Electoral Officer, on production of the representative’s
authorization from the Chief Electoral Officer, may at any reasonable time
enter any premises referred to in the authorization in which books or documents
of a political party, constituency association, candidate, nomination candidate,
leadership contestant or third party relevant to the subject‑matter of
the examination, inquiry or investigation are kept and may examine and make
copies of the books or documents or remove them temporarily for the purpose of
making copies.

(3) A registered party, registered constituency association,
registered candidate, registered nomination contestant, registered leadership
contestant or registered third party shall, within 30 days after receiving a
written request from the Chief Electoral Officer or within an extended period
that the Chief Electoral Officer may determine, provide any information with
respect to the financial affairs of the registered party, registered
constituency association, registered candidate, registered nomination
contestant, registered leadership contestant or registered third party that is
reasonably required by the Chief Electoral Officer in the course of the Chief
Electoral Officer’s duties under this Act.

RSA 2000 cE‑2 s5;2010 c8
s58;2012 c5 s62;2016 c29 s6

Notice of investigation and
conclusion

5.1(1) At any
time before completing an investigation referred to in section 4(1)(b.1), the
Chief Electoral Officer shall notify any person or organization who is the
subject of the investigation that the person or organization is being
investigated and inform the person or organization of the nature of the matter
being investigated, unless the Chief Electoral Officer believes that doing so
would compromise or impede the investigation.

(2) The Chief Electoral Officer may refuse to conduct or may
cease an investigation if the Chief Electoral Officer is of the opinion that

(a) the
matter is frivolous or vexatious, or

(b) there
are no grounds or insufficient grounds to warrant an investigation or the
continuation of an investigation.

(3) The Chief Electoral Officer shall not make any adverse
finding against a person or organization unless that person or organization has
had reasonable notice of the substance of the allegations and a reasonable
opportunity to present his or her or its views.

(4) If the Chief Electoral Officer refuses to conduct or ceases
an investigation under subsection (2), or determines that no offence was
committed, the Chief Electoral Officer

(a) shall
provide notice of that decision to

(i) every
person or organization who

(A) is
the subject of the investigation, or

(B) would
have been the subject of an investigation if the Chief Electoral Officer had
not refused to conduct an investigation,

and

(ii) every
person or organization who requested an investigation, if any,

and

(b) may,
as the Chief Electoral Officer considers to be appropriate, provide notice of
that decision to any other person or organization involved in the matter
referred to in section 4(1)(b.1).

2012 c5 s62

Disclosure

5.2(1) Except
as provided in subsections (2) and (3), the Chief Electoral Officer, any former
Chief Electoral Officer and every person who is or was employed or engaged by
the Office of the Chief Electoral Officer shall maintain the confidentiality of
all information and allegations that come to their knowledge in the course of
an examination, inquiry or investigation.

(2) Information and allegations to which subsection (1) applies
may be

(a) disclosed
to the person or organization whose conduct is the subject of proceedings under
this Act,

(a.1) disclosed
to a political party if a constituency association, a candidate, a nomination
contestant or a leadership contestant of that political party is the subject of
an investigation under this Act,

(a.2) disclosed
to the Minister responsible for the Alberta Personal Income Tax Act
where a contribution has been made or accepted in contravention of this Act for
which a receipt has been issued under section 33,

(b) disclosed
by a person conducting an investigation to the extent necessary to enable that
person to obtain information from another person,

(c) disclosed
in a report made by the Chief Electoral Officer under section 44(1),

(d) adduced
in evidence at an inquiry, and

(e) disclosed
where the Chief Electoral Officer believes on reasonable grounds that the
disclosure is necessary for the purpose of advising the Minister of Justice and
Solicitor General or a law enforcement agency of an alleged offence under this
Act or any other enactment of Alberta or an Act or regulation of Canada.

(3) Findings and decisions and any additional information that
the Chief Electoral Officer considers to be appropriate shall be published on
the Chief Electoral Officer’s website in the following circumstances:

(a) subject
to section 51.02(2), if a penalty is imposed or a letter of reprimand is issued
under section 51 or 51.01;

(b) if
the Chief Electoral Officer has provided notice under section 5.1(4) and
receives a written request for disclosure from a person or organization who
received the notice.

2012 c5 s62;2016 c29 s7

Part 2
Registration

Qualifications for registration

6(1) No
political party and no person acting for a political party may accept
contributions for the political party or for any constituency association of
that party unless the political party is registered under this Act.

(2) Any political party that

(a) held
a minimum of 3 seats in the Legislative Assembly following the most recent
election,

(b) endorsed
candidates nominated in at least 50% of the electoral divisions in the most
recent general election,

(c) endorses
candidates in at least 50% of the electoral divisions following the issue of a
writ of election for a general election, or

(d) subject
to subsection (2.1), at any time other than during a campaign period, provides
the Chief Electoral Officer with the names, addresses and signatures of persons
who

(i) represent
0.3% of the number of electors eligible to vote at the last general election,

(ii) are
currently eligible to vote in an election, and

(iii) request
the registration of that political party,

is, subject to subsection (3),
qualified for registration in the register of political parties.

(2.1) The Chief Electoral Officer may refuse to register a
political party that proposes to be qualified under subsection (2)(d) if the
information provided under that clause is submitted to the Chief Electoral
Officer less than 60 days before the issuance of a writ of election.

(3) A political party shall not be registered under
this Act unless the Chief Electoral Officer is satisfied that prior to filing
an application for registration the party has established a non‑profit
corporation or trust as a foundation for the purposes of receiving and managing
the assets, except the premises, equipment, supplies and other such property
required for the administration of the affairs of the party, held by the
political party immediately prior to filing the application.

(4) The assets of a foundation established under
subsection (3) shall consist of funds, not exceeding $5000, either on
deposit with a financial institution or invested in accordance with the Trustee
Act.

(5) No funds or other property may be received by
or transferred to a foundation after the filing of an application for
registration of the political party that established the foundation except for
interest on the funds on deposit or the income from investments referred to in
subsection (4).

(6) Each foundation shall file with the Chief
Electoral Officer on or before April 1 in each year a report of the
expenditures of that foundation during the previous year.

RSA 2000 cE‑2 s6;2010 c8
s59;2012 c5 s63

Registration of political parties

7(1) The
Chief Electoral Officer shall maintain a register of political parties and,
subject to this section, shall register in it any political party that is
qualified to be registered and that files with the Chief Electoral Officer an
application for registration setting out

(a) the
full name of the political party;

(b) the
political party name and the abbreviation of it to be shown in election
documents;

(c) the
name of the leader of the political party;

(d) the
address of the place or places where records of the political party are
maintained and of the place to which communications may be addressed;

(e) the
names of the principal officers of the political party;

(f) the
name of the chief financial officer of the political party;

(g) the
name and address of the financial institutions to be used by the political
party for the accounts into which are deposited all contributions made to that
political party;

(h) the
names of the political party’s signing officers responsible for each account
referred to in clause (g);

(i) an
indication of the provision of section 6(2) under which the political party
qualified for registration;

(j) a
statement of the assets and liabilities of the political party as of a date not
earlier than 90 days prior to the date of its application for registration
attested to by its chief financial officer.

(2) On receipt of an application for registration
of a political party, the Chief Electoral Officer shall examine the application
and determine if the political party is entitled to be registered and

(a) if
the political party is entitled to be registered, enter it in the register of
political parties and so inform the political party, or

(b) if
the political party is not entitled to be registered, so inform the political
party with written reasons for the determination.

(2.1) Repealed 2012 c5 s64.

(3) The Chief Electoral Officer shall not register
a political party if, in the Chief Electoral Officer’s opinion,

(a) the
name or the abbreviation of the name of the applying party so nearly resembles
the name or abbreviation of the name of a registered party as to be likely to
be confused with the name or abbreviation of that registered party,

(a.1) the
proposed name was the name of a registered political party whose registration
was cancelled or whose name was changed since the last general election, or

(b) the
proposed name or abbreviation is unacceptable to the Chief Electoral Officer
for any other reason.

(3.1) If a registered party changes its name, the
Chief Electoral Officer shall not vary the register accordingly if, in the
Chief Electoral Officer’s opinion,

(a) the
proposed name or the abbreviation of the name so nearly resembles the name or
abbreviation of the name of a registered party as to be likely to be confused
with the name or abbreviation of that registered party,

(b) the
proposed name was the name of a registered party whose registration was
cancelled or whose name was changed since the last general election, or

(c) the
proposed name or abbreviation is unacceptable to the Chief Electoral Officer
for any other reason.

(4) When there is any change in the information required
to be provided by subsection (1)(a) to (i), the registered party shall notify
the Chief Electoral Officer in writing within 30 days after the alteration and,
subject to section 10, on receipt of the notice the Chief Electoral Officer
shall vary the register of political parties accordingly.

(5) Notice under subsection (4) may be sent by fax
or electronic mail.

RSA 2000 cE‑2 s7;2004 c23
s85;2010 c8 s60;
2012 c5 s64;2016 c29 s50

Registration of constituency
associations

8(1) No
constituency association and no person acting for a constituency association
shall accept contributions for the constituency association or for its
registered party, if applicable, unless the constituency association is
registered under this Act.

(2) The Chief Electoral Officer shall maintain a
register of constituency associations and, subject to this section, shall
register in it any constituency association of a registered party or of an
independent member in an electoral division that files with the Chief Electoral
Officer an application for registration setting out

(a) the
full name of the constituency association and of the registered party or
independent member endorsing the constituency association;

(b) the
address of the place or places where records of the constituency association
are maintained and of the place to which communications may be addressed;

(c) the
names of the principal officers of the constituency association;

(d) the
name of the chief financial officer of the constituency association;

(e) the
name and address of the financial institutions to be used by the constituency
association for the accounts into which are deposited all contributions made to
that constituency association;

(f) the
names of the constituency association’s signing officers responsible for each account
referred to in clause (e);

(g) a
statement of the assets and liabilities of the constituency association as of a
date not earlier than 90 days prior to the date of its application for
registration attested to by the chief financial officer.

(3) On receipt of an application for registration
of a constituency association, the Chief Electoral Officer shall examine the
application and determine if the constituency association is entitled to be
registered and

(a) if
the constituency association is entitled to be registered, enter it in the
register of constituency associations and so inform the constituency
association, or

(b) if
the constituency association is not entitled to be registered, so inform the
constituency association with written reasons for the determination.

(4) When there is any change in the information
required to be provided by subsection (2)(a) to (f), the registered
constituency association shall notify the Chief Electoral Officer in writing
within 60 days after the alteration and, subject to section 10, on receipt of
the notice the Chief Electoral Officer shall vary the register of constituency
associations accordingly.

(5) Notice under subsection (4) may be sent by fax
or electronic mail.

RSA 2000 cE‑2 s8;2004 c23
s86;2012 c5 s65;2016 c29 s50

Registration of candidates

9(1) Subject
to subsection (1.1), no candidate and no person acting on behalf of a candidate
shall

(a) accept
contributions, or

(b) incur
any campaign expenses,

unless the candidate is registered
under this section.

(1.1) No registered candidate and no person acting for a
registered candidate shall accept contributions or incur any campaign expenses
except during the campaign period.

(2) The Chief Electoral Officer shall maintain a
register of candidates in relation to each election and, subject to this
section, shall register in it any candidate who is qualified to be registered
and who files with the Chief Electoral Officer an application for registration
setting out

(a) that,
in the case of a candidate under the Election Act, the candidate

(i) has
been endorsed as the official candidate of a named registered party in a named
electoral division and has enclosed with the candidate’s application a
statement to that effect attested to by one of the principal officers of the
registered party or the applicable constituency association, or

(ii) has,
after the commencement of the campaign period, declared the candidate’s
candidacy as an independent candidate at the election in a named electoral
division;

(b) repealed
2017 c29 s121;

(c) the
full name and contact information of the candidate;

(d) the
political party affiliation, if any, of the candidate attested to by one of the
principal officers of the constituency association;

(e) the
address of the place or places where records of the candidate are maintained
and of the place to which communications may be addressed;

(f) the
name of the chief financial officer of the candidate;

(g) the
name and address of the financial institutions to be used by or on behalf of
the candidate for the accounts into which are deposited contributions made to
that candidate;

(h) the
names of the signing authorities for each account referred to in clause (g).

(3) A candidate who files an application under
subsection (2) after the issue of a writ for an election shall be registered on
the date the application is approved by the Chief Electoral Officer.

(3.1) On the receipt by the Chief Electoral Officer
of a statement referred to in section 9.3(10), the nomination contestant selected
for endorsement as the official candidate of the registered party is deemed to
be a registered candidate and is not required to file an application for
registration referred to in subsection (2).

(4) When there is any change in the information
required to be provided by subsection (2), the registered candidate shall
notify the Chief Electoral Officer in writing within 48 hours after the
alteration and, subject to section 10, on receipt of the notice the Chief Electoral
Officer shall vary the register of candidates accordingly.

(4.1) A nomination contestant who is deemed under subsection
(3.1) to be a registered candidate shall notify the Chief Electoral Officer in
writing of any change in the information referred to in subsection (2)(c) to
(h) within 48 hours of the change.

(5) Notice under subsection (4) may be sent by fax
or electronic mail.

(a) a
register of third parties who engage in election advertising, and

(b) a
register of third parties who engage in political advertising.

(2.1) Subject to this section, the Chief Electoral
Officer shall register in the appropriate register any third party who is
eligible to be registered and who files with the Chief Electoral Officer an
application for registration setting out the following:

(a) the
name and contact information

(i) if
the third party is a person, of the person,

(ii) if
the third party is a corporation, of the corporation and of the officer who has
signing authority for it, and

(iii) if
the third party is a group, of the group and of the principal officers of the
group or, if there are no principal officers, the principal members;

(b) whether
the third party will be engaging in election advertising or political
advertising or both;

(c) in
the case of a third party who engages or will be engaging in election
advertising, the address and telephone number of the place or places in Alberta
where records of the third party are maintained and of the place in Alberta to
which communications may be addressed;

(d) in
the case of a third party who engages or will be engaging in political
advertising, the address and telephone number of the place or places in Canada
where records of the third party are maintained and of the place in Canada to
which communications may be addressed;

(e) the
name and contact information of the chief financial officer responsible for the
advertising account of the third party;

(f) the
name and address of the financial institution to be used by the third party for
its advertising account;

(3) If the third party has a governing body, the
application must include a copy of the resolution passed by the governing body
authorizing the third party to incur election advertising expenses or political
advertising expenses, as the case may be.

(4) The Chief Electoral Officer shall not register
a third party if, in the Chief Electoral Officer’s opinion,

(a) the
name or the abbreviation of the name of the applicant so nearly resembles the
name or abbreviation of the name or a nickname of another registered third
party, or of a candidate, political party or political organization that is
active anywhere in Alberta, that confusion is likely, or

(b) the
proposed name was the name of a registered party or registered third party
whose registration was cancelled or whose name was changed since the last
general election.

(5) The following are not eligible to be registered
in a register referred to in subsection (2)(a):

(a) a
corporation that does not carry on business in Alberta;

(b) a
person who is not ordinarily resident in Alberta;

(c) a
trade union or employee organization that is not an Alberta trade union or
Alberta employee organization;

(d) a
group where any member of the group is ineligible under clause (a), (b) or (c);

(e) a
registered charity;

(f) a
prohibited corporation.

(6) The Chief Electoral Officer shall, as soon as
possible after receiving an application,

(a) determine
whether the requirements set out in this section are met,

(b) notify
the persons who signed the application whether the applicant is accepted for
registration, and

(c) in
the case of a refusal to register, give reasons for the refusal.

(7) When there is any change in the information
required to be provided under this section, the registered third party shall
notify the Chief Electoral Officer in writing within 30 days after the
alteration and, subject to section 10, on receipt of the notice the Chief
Electoral Officer shall vary the register of candidates accordingly.

(8) A notice under subsection (7) may be sent by
fax or electronic mail.

2010 c8 s62;2012 c5 s67;2015 c15 s3;2016
c29 s9

Leadership contest and contestants

9.2(1) Before
a leadership contest is held by a registered party, the chief financial officer
of the registered party shall file with the Chief Electoral Officer a
statement, in the form and manner approved by the Chief Electoral Officer,
setting out the particulars of the leadership contest, including

(a) the
date of the official call of the leadership contest,

(b) the
date fixed for the leadership vote or votes, and

(c) if
a fee or deposit is required to be paid by a person as a condition of entering
the leadership contest, the estimated cost for holding the leadership contest
and the amount of the fee or deposit.

(2) If a fee or deposit is required to be paid as a
condition of entering the leadership contest, the amount of the fee or deposit
must be reasonable in relation to the cost of holding the leadership contest.

(3) If the Chief Electoral Officer is of the
opinion that the amount of the fee or deposit is not reasonable, the registered
party shall reduce the amount to an amount acceptable to the Chief Electoral
Officer or comply with any direction of the Chief Electoral Officer.

(4) A person who intends to seek the leadership of
a registered party shall file an application for registration with the Chief
Electoral Officer under this section at the earliest of the following:

(a) when
the person has announced his or her intention to seek the leadership of a
registered party;

(b) when
the person has incurred campaign expenses in relation to the person’s
leadership campaign;

(c) when
the person has received contributions in relation to the person’s leadership
campaign.

(5) A person who fails to file an application for
registration as required under subsection (4) shall not incur a campaign
expense or accept a contribution during the campaign period for the leadership
contest.

(6) The application for registration must set out

(a) the
full name and contact information of the leadership contestant,

(b) the
addresses of the place or places where records of the leadership contestant are
maintained and of the place to which communications may be addressed,

(c) the
name and contact information of the chief financial officer of the leadership
contestant,

(d) the
name and address of the financial institution where an account has been opened
to be used by or on behalf of the leadership contestant for the purpose of
participating in the leadership contest,

(e) the
names of the signing authorities for the account referred to in clause (d), and

(f) the
date the person first received contributions or incurred campaign expenses for
the purpose of participating in the leadership contest.

(8) When there is any change in the information
required to be provided under subsection (6), the registered leadership
contestant shall notify the Chief Electoral Officer in writing within 48 hours
after the change and, subject to section 10, on receipt of the notice the Chief
Electoral Officer shall vary the register of leadership contestants accordingly.

(9) Notice under subsection (8) may be sent by fax
or electronic mail.

(10) Within 10 days of the conclusion of a
leadership contest, the registered party shall submit to the Chief Electoral
Officer a statement setting out the full names of the leadership contestants
who were considered for leadership of the registered party, the full name of
the person selected as the leader and the names of any persons who withdrew as
leadership contestants.

(11) This section applies with respect to a leadership
contest that commences after this section comes into force.

2012 c5 s68;2016 c29 s9

Nomination contests and contestants

9.3(1) Before
a nomination contest is held by a registered party or registered constituency
association, the chief financial officer of the registered party or registered
constituency association shall file with the Chief Electoral Officer a
statement, in the form and manner approved by the Chief Electoral Officer,
setting out the particulars of the nomination contest, including

(a) the
date of the official call of the nomination contest,

(b) the
date fixed for the selection of the person for endorsement as the official
candidate of the registered party for an electoral division, and

(c) if
a fee or deposit is required to be paid by a person as a condition of entering
the nomination contest, the estimated cost for holding the nomination contest
and the amount of the fee or deposit.

(2) If a fee or deposit is required to be paid as a
condition of entering the nomination contest, the amount of the fee or deposit
must be reasonable in relation to the cost of holding the nomination contest.

(3) If the Chief Electoral Officer is of the
opinion that the amount of the fee or deposit is not reasonable, the registered
party shall reduce the amount to an amount acceptable to the Chief Electoral
Officer or comply with any direction of the Chief Electoral Officer.

(4) A person who intends to seek endorsement as the
official candidate of a registered party in an electoral division shall file an
application for registration with the Chief Electoral Officer under this
section at the earliest of the following:

(a) when
the person has announced his or her intention to seek the endorsement as the
official candidate of the registered party for the electoral division;

(b) when
the person has incurred campaign expenses in relation to the person’s
nomination campaign;

(c) when
the person has received contributions in relation to the person’s nomination
campaign.

(5) A person who fails to file an application for
registration as required under subsection (4) shall not accept a contribution
or incur a campaign expense during the campaign period for the nomination
contest.

(6) The application for registration must set out

(a) the
full name and contact information of the nomination contestant,

(b) the
addresses of the place or places where records of the nomination contestant are
maintained and of the place to which communications may be addressed,

(c) the
name and contact information of the chief financial officer of the nomination
contestant,

(d) the
name and address of the financial institution where an account has been opened
to be used by or on behalf of the nomination contestant for the purpose of
participating in the nomination contest,

(e) the
names of the signing authorities for the account referred to in clause (d), and

(f) the
date the person first received contributions or incurred expenses for the
purpose of participating in the nomination contest.

(8) When there is any change in the information
required to be provided under subsection (6), the registered nomination
contestant shall notify the Chief Electoral Officer in writing within 48 hours
after the change and, subject to section 10, on receipt of the notice the Chief
Electoral Officer shall vary the register of nomination contestants
accordingly.

(9) Notice under subsection (8) may be sent by fax
or electronic mail.

(10) Within 10 days of the conclusion of a
nomination contest, the registered party or registered constituency association
shall submit to the Chief Electoral Officer a statement setting out the full
names of the nomination contestants who were considered for endorsement, the
full name of the person selected for endorsement as the official candidate of
the registered party for the electoral division and the names of any persons
who withdrew as nomination contestants.

2016 c29 s9

Cancellation of registration

10(1) The
Chief Electoral Officer may cancel the registration of

(a) a
registered party on application by the registered party,

(b) a
registered constituency association on application by the registered party
concerned or by the independent member, as the case may be, or

(c) a
registered third party on application by the third party.

(1.1) If after this subsection comes into force a
registered party does not endorse a candidate in a general election, the Chief
Electoral Officer shall cancel the registration of that party.

(2) If a registered candidate who was nominated in
accordance with the Election Act withdraws the candidate’s candidacy in
accordance with that Act, that person shall so notify the Chief Electoral
Officer in writing and the Chief Electoral Officer shall cancel the
registration of that person.

(2.1) If a registered leadership contestant withdraws from the
leadership contest, that person shall so notify the Chief Electoral Officer in
writing and the Chief Electoral Officer shall cancel the registration of that
person.

(2.2) If a registered nomination contestant withdraws
from a nomination contest, that person shall so notify the Chief Electoral
Officer in writing and the Chief Electoral Officer shall cancel the
registration of that person as a nomination contestant.

(3) If the chief financial officer of a registered
party or registered constituency association fails to comply with section 32, 42
or 43, the Chief Electoral Officer may cancel the registration of the
registered party or constituency association, as the case may be.

(4) Repealed 2017 c29 s122.

(4.1) If the chief financial officer of a third party
fails to file a report under section 44.81 or 44.82, an election advertising return
or report under section 44.9 or an audited financial statement under section
44.91, the Chief Electoral Officer may cancel the registration of the third
party.

(5) If the Chief Electoral Officer is for any
reason of the opinion that a registered party, registered constituency
association, registered candidate, registered nomination contestant, registered
leadership contestant or registered third party

(a) is
no longer qualified to be registered, or

(b) obtained
registration on the basis of an application that was false in any material
particular,

(6) If the Chief Electoral Officer cancels the registration of
a political party, constituency association, candidate, registered nomination
contestant, leadership contestant or third party, the Chief Electoral Officer
shall send written notice of the cancellation, together with the Chief
Electoral Officer’s reasons for the cancellation, by recorded mail to

(a) the
political party, when the registration of that political party is cancelled,

(b) the
constituency association and the political party concerned or the independent member,
as the case may be, when the registration of that constituency association is
cancelled,

(c) the
candidate and the political party concerned, if any, when the registration of
that candidate is cancelled,

(d) the
third party, when the registration of that third party is cancelled,

(d.1) the
nomination contestant and the registered party and registered constituency
association concerned when the registration of that nomination contestant is
cancelled, or

(e) the
leadership contestant and the political party concerned when the registration
of that leadership contestant is cancelled,

and the cancellation is effective
on and after the 3rd day following the date of mailing the notice.

(7) A political party, constituency association,
candidate, nomination contestant, leadership contestant or third party notified
under subsection (6) may, within 30 days after the mailing of the notice,
request the Chief Electoral Officer in writing to review the cancellation.

(8) When the Chief Electoral Officer receives a
written request under subsection (7), the Chief Electoral Officer shall, within
48 hours after that receipt, review the cancellation and give the political
party, constituency association, candidate, nomination contestant, leadership
contestant or third party concerned an opportunity to make representations.

(9) Following the review of a cancellation, the
Chief Electoral Officer may withdraw or confirm the cancellation of the
registration of the political party, constituency association, candidate, nomination
contestant, leadership contestant or third party, as the case may be, and
shall,

(a) if
the cancellation involves a political party, give written notification of the
Chief Electoral Officer’s decision to the political party,

(b) if
the cancellation involves a constituency association, give written notification
of the Chief Electoral Officer’s decision to the constituency association and
the political party concerned,

(c) if
the cancellation involves a candidate, give written notification of the Chief
Electoral Officer’s decision to the candidate and registered party, if any,

(c.1) if
the cancellation involves a nomination contestant, give written notification of
the Chief Electoral Officer’s decision to the nomination contestant and the
registered party and registered constituency association concerned,

(c.2) if
the cancellation involves a leadership contestant, give written notification of
the Chief Electoral Officer’s decision to the leadership contestant and the
registered party concerned, or

(d) if
the cancellation involves a third party, give written notification of the Chief
Electoral Officer’s decision to the third party.

(10) When the registration of a political party is
cancelled, the registration of the registered constituency associations of that
political party is accordingly also cancelled and the Chief Electoral Officer
shall forthwith give written notification of the cancellations to those
constituency associations.

(11) When the registration of a political party or
constituency association is cancelled under subsection (3) for failure to
comply with section 42 or 43, it may not again apply for registration until the
financial statements required by section 42 or the campaign return required by
section 43, as the case may be, that was not filed has been filed with the
Chief Electoral Officer and the late filing fee has been paid in accordance
with section 43.2.

(11.1) For the purpose of subsection (11), a political party may
file the financial statement on behalf of its constituency association.

(12) When the registration of a political party,
constituency association, candidate, nomination contestant or leadership
contestant is cancelled, all funds of the political party, constituency
association, candidate, nomination contestant or leadership contestant not
required to pay the outstanding debts of the political party, constituency
association, candidate, nomination contestant or leadership contestant shall be
paid over to the Chief Electoral Officer and held by the Chief Electoral
Officer in trust for the political party, constituency association, candidate,
nomination contestant or leadership contestant and, if that political party,
constituency association, candidate, nomination contestant or leadership
contestant does not again become registered under this Act within a period of
one year following cancellation of the registration, the funds shall be paid
into the General Revenue Fund.

(13) When the registration of a third party is
cancelled, all funds in the advertising account must be dealt with in
accordance with section 44.92.

10.1 A registered party, registered
constituency association, registered candidate, registered nomination
contestant, registered leadership contestant and registered third party shall
retain all of the records of that registered party, registered constituency
association, registered candidate, registered nomination contestant, registered
leadership contestant or registered third party for a period of 3 years
following the date on which the financial statements, returns or reports
required under this Act for the period to which the records relate are required
to be filed.

2010 c8 s64;2012 c5 s70;2016 c29
s12

Access to documents

11(1) All
documents required to be filed with the Chief Electoral Officer under this Act
are public records and may on request during normal office hours be inspected
at the offices of the Chief Electoral Officer.

(2) Notwithstanding subsection (1), the home
address of a registered candidate included in the register under section 9, of
a registered leadership contestant included in the register under section 9.2
or of a registered nomination contestant included in the register under section
9.3 is not public information.

(3) Copies of any document referred to in subsection (1) may be
obtained on payment for the preparation of the copies at the rates that the
Chief Electoral Officer determines.

RSA 2000 cE‑2 s11;2012 c5 s71;2016
c29 s13

Part 3
Contributions

Continuing use of campaign funds

12(1) Any
campaign funds held by a candidate at the end of a campaign period that include
contributions received by the candidate for the purpose of the candidate’s
campaign shall be held in trust to be expended for the candidate’s candidacy at
the next election.

(2) Repealed 2010 c8 s65.

(3) Funds held in trust under subsection (1) may,
at the option of the candidate, be transferred or paid from time to time to

(a) the
registered party that proposed or supported the candidate’s registration at the
previous election,

(b) the
registered constituency associations of the registered party that proposed or
supported the candidate’s registration at the previous election,

(c) the
registered candidates of the registered party that proposed or supported the
candidate’s registration at the previous election, or

(d) the
Crown in right of Alberta if the funds cannot be transferred in accordance with
clause (a), (b) or (c).

(4) If a candidate is not nominated or does not
declare the candidate’s candidacy as an independent candidate for the next
election, the candidate shall, not later than 7 days after the day fixed for
nominations, transfer or pay the amount held by the candidate in trust pursuant
to subsection (1) to

(a) the
registered party that proposed or supported the candidate’s registration at the
previous election,

(b) the
registered constituency associations of the registered party that proposed or
supported the candidate’s registration at the previous election, or

(c) the
registered candidates of the registered party that proposed or supported the
candidate’s registration at the previous election,

at the option of the candidate,
or to the Crown in right of Alberta if the funds cannot be transferred in
accordance with clause (a), (b) or (c).

(5) Repealed 2017 c29 s123.

RSA 2000 cE‑2 s12;2004 c23
s89;2010 c8 s65;2017 c29 s123

Surpluses — nomination contestants

12.1(1) Any
campaign funds held by a nomination contestant at the end of a campaign period
for the nomination contest must,

(a) if
the nomination contestant is selected for endorsement as the official candidate
of the registered party,

(i) be
held by the nomination contestant to be expended for his or her candidacy in the
election, or

(ii) be
transferred to the registered party or registered constituency association for
which the nomination contestant sought endorsement,

or

(b) if
the nomination contestant is not selected, at the option of the nomination
contestant, at the time the nomination contestant campaign return is required
to be filed under section 43.01,

(i) be
transferred to the registered party or registered constituency association for
which the nomination contestant sought endorsement, or

(ii) be
returned to the contributors who contributed to the nomination contestant’s
campaign in accordance with the directions of the Chief Electoral Officer.

(2) A nomination contestant who has not complied
with subsection (1)(b) within 30 days after the day on which the nomination
contestant campaign return is required to be filed under section 43.01 must
immediately pay those funds to the Chief Electoral Officer for deposit in the
General Revenue Fund.

2016 c29 s14

Surpluses — leadership contestants

12.2(1) Any campaign
funds held by a leadership contestant at the end of a campaign period for the
leadership contest must, at the time the leadership contestant campaign return
is required to be filed under section 43.02, at the option of the leadership
contestant,

(a) be
transferred to the registered party of which the leadership contestant sought
the leadership, or

(b) be
returned to the contributors who contributed to the leadership contestant’s
campaign in accordance with the directions of the Chief Electoral Officer.

(2) A leadership contestant who has not complied
with subsection (1) within 30 days after the day on which the leadership
contestant campaign return is required to be filed under section 43.02 must
immediately pay those funds to the Chief Electoral Officer for deposit in the
General Revenue Fund.

(3) Notwithstanding subsections (1) and (2), for
the purposes of any leadership contests occurring when this section comes into
force, any campaign funds held by a leadership contestant at the end of a campaign
period for the leadership contest must be returned to the contributors in
accordance with the directions of the Chief Electoral Officer.

2016 c29 s14

Exemptions

13(1) Funds
transferred from

(a) a
foundation under section 6 or a trust under section 12, or

(b) a
trust under section 12 or 13(2) of chapter 18 of the Statutes of Alberta, 1977,

to a registered party, registered
constituency association or registered candidate are not contributions for the
purposes of this Act but shall be recorded as to amount and source by the
recipient of the funds.

(2) Money, goods or services, or the use of goods
or services, provided by any person that do not exceed $50 in the aggregate are
not a contribution for the purposes of this Act but shall be recorded as to the
gross amount by the chief financial officer of the recipient unless the person
specifically requests that the amount be considered a contribution.

(3) A fee or deposit required to be paid by a
person to enter a nomination contest or a leadership contest is not a
contribution for the purposes of this Act but must be recorded as to amount and
source by the registered party or registered constituency association that
receives the funds.

RSA 2000 cE‑2 s13;2010 c8 s66;2015
c15 s4;2016 c29 s15

Deposit of contributions

14(1) All
financial contributions accepted by or on behalf of a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant shall be paid into an
appropriate account on record with the Chief Electoral Officer.

(2) When any contribution of other than money,
accepted by or on behalf of a registered party, registered constituency
association, registered candidate, registered nomination contestant or
registered leadership contestant, is converted at any time into money, that
amount shall be paid into an appropriate account on record with the Chief
Electoral Officer.

RSA 2000 cE‑2 s14;2010 c8 s67;2016
c29 ss16,50

15 Repealed
2010 c8 s68.

Responsibility of contributors

15.1 A prospective contributor is responsible
for ensuring, before making a contribution under this Act, that the contributor
is not prohibited from making a contribution and is not making a contribution
that is in excess of the limit prescribed by section 17(1) or 18(1).

2012 c5 s72;2016 c29 s17

Contributions only by persons

16(1) Only a
person ordinarily resident in Alberta may make a contribution to a registered
party, registered constituency association, registered nomination
contestant, registered leadership contestant or registered candidate.

17(1) Contributions
by a person ordinarily resident in Alberta shall not exceed in any year $4000,
as adjusted in accordance with section 41.5, in the aggregate to any of the
following or to any combination of them:

(a) a
registered party;

(b) a
registered constituency association;

(c) a
registered candidate;

(d) a
registered nomination contestant;

(e) a
registered leadership contestant.

(2) Contributions may be made to a registered
constituency association at any time except during a campaign period for an
election in that electoral division.

(3) No contributions may be made to a registered
candidate except during a campaign period for an election.

(4) No contributions may be made to a registered
nomination contestant except during the campaign period for the nomination
contest.

(5) No contributions may be made to a registered
leadership contestant except during the campaign period for the leadership
contest.

(6) Any money paid during a campaign period out of
the registered candidate’s, registered nomination contestant’s or registered
leadership contestant’s own funds for the purposes of the campaign for which
the person is not reimbursed from the person’s campaign account

(a) is
a contribution for the purposes of this Act, and

(b) must
be paid into the account of the registered candidate, registered nomination
contestant or registered leadership contestant on record with the Chief
Electoral Officer.

(8) If the registered candidate’s, registered
nomination contestant’s or registered leadership contestant’s campaign expenses
paid from the registered candidate’s, registered nomination contestant’s or
registered leadership contestant’s own funds exceed the maximum limit allowed
for a contributor, the excess amount must be reimbursed to the registered
candidate, registered nomination contestant or registered leadership contestant
from the registered candidate’s, registered nomination contestant’s or
registered leadership contestant’s campaign account, as the case may be.

(9) Subsection (1) does not apply with respect to
contributions made to and accepted by a leadership contestant while
participating in any leadership contest occurring when this section comes into
force.

19(1) No
registered party, registered constituency association, registered candidate,
registered nomination contestant or registered leadership contestant and no
person acting on its, his or her behalf shall accept a contribution if the
registered party, registered constituency association, registered candidate,
registered nomination contestant or registered leadership contestant or person
knows or ought to know that the amount of the contribution would exceed the
limit prescribed by section 17.

(2) A chief financial officer who learns that a
contribution in excess of the limit prescribed by section 17 was accepted by or
on behalf of the registered party, registered constituency association,
registered candidate, registered nomination contestant or registered leadership
contestant for whom the chief financial officer acts shall, within 30 days
after learning of the excessive contribution, advise the Chief Electoral
Officer in writing of the fact and circumstances and return the contribution in
accordance with the directions of the Chief Electoral Officer.

RSA 2000 cE‑2 s19;2012 c5 s75;2016
c29 s20

20 and 21 Repealed
2017 c29 s124.

Anonymous and unauthorized
contributions

21.1(1) Any
anonymous contribution in excess of $50 and any contribution or portion of a
contribution made in contravention of this Act accepted by a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant must not be used or
expended, and the registered party, registered constituency association, registered
candidate, registered nomination contestant or registered leadership contestant

(a) shall
return the contribution to the contributor if the contributor’s identity can be
established, or

(b) if
the contributor’s identity cannot be established, shall pay an amount
equivalent to the contribution to the Chief Electoral Officer.

(2) Any amounts received by the Chief Electoral
Officer under subsection (1)(b) must be paid into the General Revenue Fund.

2010 c8 s71;2016 c29 s21

Valuing contributions other than
money

22(1) The
value of contributions other than money provided to a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant is the market value
of the contribution at that time.

(2) If any real property, goods or services, or the
use of real property, goods or services, is provided to or for the benefit of a
registered party, registered constituency association, registered candidate,
registered nomination contestant or registered leadership contestant for a
price that is less than the market value at that time, the amount by which the
value exceeds the price is a contribution for the purposes of this Act.

RSA 2000 cE‑2 s22;2010 c8 s72;2016
c29 s22

Fund-raising functions

23(1) In this
section, “fund‑raising function” includes any social function held for
the purpose of raising funds for the registered party, registered constituency
association, registered candidate, registered nomination contestant or
registered leadership contestant by whom or on whose behalf the function is
held.

(2) The gross income from any fund‑raising
function must be recorded by the chief financial officer of the registered
party, registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant that held the
function or on whose behalf the function was held.

(3) If a fund-raising function is held by the sale of
tickets by or on behalf of a registered party, registered constituency association,
registered candidate, registered nomination contestant or registered leadership
contestant, the amount of the contribution is to be determined under clause (a)
or under clause (b), at the option of the registered party, registered
constituency association, registered candidate, registered nomination
contestant or registered leadership contestant:

(a) if
the individual charge

(i) is
$50 or less, it is not considered to be a contribution unless the person who
pays the charge specifically requests that it be so considered, in which case
1/2 of the amount is allowed for expenses and 1/2 is considered to be a
contribution,

(ii) is
more than $50 but not more than $100, $25 is allowed for expenses and the
balance is considered to be a contribution, and

(iii) is
more than $100, 25% of the amount is allowed for expenses and the balance is
considered to be a contribution;

(b) the
amount of the contribution is the difference between the price of the ticket
and the market value of what the ticket entitles the bearer to obtain.

(4) The price paid by a person at a fund‑raising
function in excess of the market value at that time for goods or services
received is considered to be a contribution to the registered party, registered
constituency association, registered candidate, registered nomination
contestant or registered leadership contestant, as the case may be.

(5) Repealed 2010 c8 s73.

RSA 2000 cE‑2 s23;2004 c23
s91;2010 c8 s73;
2012 c5 s77;2016 c29 s23

General collections

24 When,
at a meeting held on behalf of or in relation to the affairs of a registered
candidate, registered party, registered constituency association,
registered nomination contestant or registered leadership contestant, money is
given in response to a general collection of money solicited from the persons
in attendance at the meeting, individual amounts given of $50 or less shall be
considered not to be contributions for the purposes of this Act but shall be
recorded as to the gross amount by the chief financial officer of the candidate,
political party, constituency association, nomination contestant or leadership
contestant, as the case may be.

RSA 2000 cE‑2 s24;2010 c8 s74;2016
c29 s24

Annual membership fees

25 An annual membership fee paid for
membership in a political party or in a constituency association of that party,
or in both, is not a contribution for the purposes of this Act if

(a) the
fee or, when a fee is paid to the party and to a constituency association of
that party, the total of those fees, does not exceed $50, and

(b) the
political party and constituency association each maintain a membership list
indicating the amount of the fee or fees paid by each member that is allocated
to the political party or constituency association, as the case may be,

but
if the fee or total of those fees exceeds $50, the amount of the excess shall
be considered as a contribution.

RSA 2000 cE‑2 s25;2004 c23
s92

26 Repealed 2015 c15 s8.

27 Repealed 2015 c15 s9.

28 Repealed
2010 c8 s75.

Part 4
Collection of Contributions

Chief financial officers

29(1) Every
political party, constituency association, candidate, nomination contestant and
leadership contestant shall, before filing an application for registration with
the Chief Electoral Officer, appoint a chief financial officer.

(2) When a chief financial officer appointed
pursuant to subsection (1) ceases for any reason to hold that office, the
political party, constituency association, candidate, nomination contestant or
leadership contestant, as the case may be, shall forthwith appoint another
chief financial officer.

(3) A candidate may not be appointed as chief
financial officer for a candidate under this section.

(4) A person is prohibited from being a chief
financial officer under this Act for a registered party, registered
constituency association, registered candidate or registered third party if

(a) the
Speaker has laid a report before the Assembly pursuant to section 44(1),

(b) that
person was the chief financial officer of the registered candidate referred to
in the report,

(c) the
Court did not dispense with compliance with section 43(2) or 43.1, as the case
may be, by an order under section 44(3), and

(d) the
date the person seeks to be a chief financial officer under this Act occurs
within

(i) the
8‑year period following the day on which the Speaker laid the report
before the Assembly, or

(ii) where
the campaign return has been filed with the Chief Electoral Officer in the case
of a non‑compliance with section 43(2) or 43.1, as the case may be, the 5‑year
period following the day of filing,

whichever
period expires first.

RSA 2000 cE‑2 s29;2004 c23
s94;2010 c8 s76;2016 c29 s25

Duties of chief financial officers

30(1) The
chief financial officer of a registered party, registered constituency association,
registered candidate, registered nomination contestant or registered leadership
contestant is responsible, with respect to the affairs of the party,
constituency association, candidate, nomination contestant or leadership
contestant that appointed the chief financial officer, for ensuring that

(a) proper
records are kept of all revenue, expenses, assets and liabilities, as required
for the purposes of this Act,

(b) contributions
are placed in an account on record with the Chief Electoral Officer,

(c) proper
receipts are completed and dealt with in accordance with this Act,

(c.1) every
payment of more than $25 made by the registered party, registered constituency
association, registered candidate, registered nomination contestant or
registered leadership contestant or through the chief financial officer is
vouched for by

(i) a
document from the supplier that states the particulars of the expense, and

(ii) a
receipt or other proof of payment acceptable to the Chief Electoral Officer;

(d) the
financial statements, returns and reports required to be filed under this Act
are filed with the Chief Electoral Officer, and

(e) contributions
of other than money are valued and recorded in accordance with this Act.

(2) The chief financial officer of a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant shall make every
reasonable effort to advise prospective contributors of the provisions of this
Act relating to contributions.

RSA 2000 cE‑2 s30;2010 c8
s77;2012 c5 s78;2016 c29 s26

Acceptance of contributions

31 No
contribution shall be accepted by a registered candidate, registered
nomination contestant or registered leadership contestant otherwise than
through the candidate’s, nomination contestant’s or leadership contestant’s
chief financial officer.

RSA 2000 cE‑2 s31;2012 c5 s79;2016
c29 s27

Records of contributions

32(1) When
any person accepts contributions in any year on behalf of a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant, the chief financial
officer shall record all the contributions, including the names and the
addresses of the contributors and the dates on which the contributions were
made.

(2) All contributions referred to in subsection (1)
accepted on behalf of a registered party, registered candidate, registered
nomination contestant or registered leadership contestant during a campaign
period shall be recorded separately from other contributions accepted during
that year.

(3) Every registered party and registered
constituency association shall file with the Chief Electoral Officer, in the
form and manner approved by the Chief Electoral Officer,

(a) within
15 days after the end of each quarter of each year a return setting out

(i) the
total amount of all contributions received during the quarter that did not
exceed $50 in the aggregate from any single contributor, and

(ii) the
total amount contributed, together with the contributor’s name and address,
when the contribution of that contributor during the quarter exceeded an
aggregate of $50,

and

(b) within
the period during which an annual financial statement must be filed under
section 42, a return setting out for the previous year

(i) the
total amount of all contributions received that did not exceed $50 in the
aggregate from any single contributor, and

(ii) the
total amount contributed that, together with the contributor’s name and
address, when the contribution of that contributor during the year exceeded an
aggregate of $50,

but
in the case of a registered party returns under clauses (a) and (b) shall not
include the information relating to contributions made during the campaign
period.

(3.1) Subject to subsection (4.1), the name of a
contributor referred to in subsection (3)(a)(ii) and (b)(ii) who did not
contribute more than $250 in a quarter shall not be disclosed in a statement
published on the Chief Electoral Officer’s website under section 4(1)(e).

(4) Every registered party and registered candidate
shall file with the Chief Electoral Officer, in the form and manner approved by
the Chief Electoral Officer, within the period during which a campaign return
must be filed relating to a campaign period under section 43, a report setting
out

(a) the
total amount of all contributions received during the campaign period that did
not exceed $250 in the aggregate from any single contributor, and

(b) the
total amount contributed, together with the contributor’s name and address,
when the contribution of that contributor during the campaign period exceeded
an aggregate of $250.

(4.1) A report under subsection (3)(a) for the 2nd,
3rd and final quarters must also include the total amounts contributed by a
contributor when the contributions of that contributor exceeded $250 in the
aggregate on a year‑to‑date basis, together with the contributor’s
name and address.

(4.2) Every registered nomination contestant shall
file with the Chief Electoral Officer a report setting out, in the form and
manner approved by the Chief Electoral Officer,

(a) the
total amount of all contributions received during the campaign period for the
nomination contest that did not exceed $250 in the aggregate from any single
contributor, and

(b) the
total amount contributed, together with the contributor’s name and address,
when the contribution of that contributor during the campaign period for the
nomination contest exceeded $250 in the aggregate.

(4.3) Every registered leadership contestant shall
file with the Chief Electoral Officer a report setting out, in the form and
manner approved by the Chief Electoral Officer,

(a) the
total amount of all contributions received during the campaign period for the
leadership contest that did not exceed $250 in the aggregate from any single
contributor, and

(b) the
total amount contributed, together with the contributor’s name and address,
when the contribution of that contributor during the campaign period for the
leadership contest exceeded $250 in the aggregate.

(5) Separate reports must be filed for
contributions made in respect of an election under the Election Act.

(6) For the purpose of subsection (3), the ends of
each quarter of a year are as follows:

(a) for
the first quarter, March 31 of the year;

(b) for
the 2nd quarter, June 30 of the year;

(c) for
the 3rd quarter, September 30 of the year;

(d) for
the final quarter, December 31 of the year.

RSA 2000 cE‑2 s32;2010 c8
s78;2012 c5 s80;2016 c29 s28;
2017 c29 s125

Receipts

33 Every registered party, registered
constituency association, registered candidate, registered nomination
contestant and registered leadership contestant shall issue a receipt in the
form and manner approved by the Chief Electoral Officer for every contribution
accepted, and the receipt must indicate

(a) whether
it has been issued in respect of an election, a nomination contest or a
leadership contest,

(b) that
the contributor acknowledges that the contribution is made in compliance with
this Act, and

(b) funds
that have been given or furnished to the person by another person or any
prohibited person or entity for the purpose of making a contribution of those
funds to that registered party, registered constituency association, registered
candidate, registered nomination contestant or registered leadership contestant.

(1.1) No person and no prohibited person or entity
shall give or furnish funds to another person for the purpose of having that
other person make a contribution of those funds to a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant.

(3) If the chief financial officer learns that a
contribution received by or on behalf of the registered party, registered
constituency association, registered candidate, registered nomination
contestant or registered leadership contestant for whom the chief financial
officer acts was made contrary to subsection (1), the chief financial officer
shall, within 30 days after learning that the contribution was made contrary to
subsection (1), advise the Chief Electoral Officer in writing of the fact and
circumstances.

(a) solicit
or accept a contribution if the registered party, registered constituency
association, registered candidate, registered nomination contestant or
registered leadership contestant knows or ought to know that the prospective
contributor is a prohibited person or entity, or

(b) contribute
or transfer funds to any political party, constituency association, registered
candidate, registered nomination contestant or registered leadership contestant
not registered under this Act.

(2) If the chief financial officer learns that a
contribution from a prohibited person or entity was accepted by or on behalf of
the political party, constituency association, candidate, nomination contestant
or leadership contestant for whom the chief financial officer acts, the chief
financial officer shall, within 30 days after learning of it, advise the Chief
Electoral Officer in writing of the fact and circumstances.

RSA 2000 cE‑2 s35;2010 c8
s80;2012 c5 s83 ;
2015 c15 s11;2016 c29 s31

Funds from federal parties

36 No
registered party, registered constituency association, registered candidate,
registered nomination contestant or registered leadership contestant may accept
funds from a federal political party, electoral district association or
candidate registered under the Canada Elections Act (Canada) in respect
of an election under the Elections Act or a nomination contest or
leadership contest under this Act.

RSA 2000 cE‑2 s36;2004 c23
s95;2012 c5 s84;2016 c29 s32

37 Repealed
2017 c29 s126.

Transfers within parties

38(1) A
registered party and any of its registered constituency associations and
registered candidates may transfer to or accept from each other

(a) funds
or real property or the use of real property, or

(b) debts
incurred during a campaign period for the purpose of eliminating a campaign
deficit under section 43.1,

and the debts or the funds or
real property, or the use of real property, so accepted shall not be considered
as contributions for the purposes of this Act but shall be recorded as to
source and amount, and any funds accepted shall be deposited in an appropriate
account on record with the Chief Electoral Officer.

(2) A registered party and any of its registered
constituency associations, registered candidates, registered nomination
contestants and registered leadership contestants may transfer to and accept
from each other goods or services or the use of goods or services, and the
goods or services or the use of goods or services so accepted shall not be
considered as contributions for the purposes of this Act but shall be recorded
as to source and amount.

(3) A transfer under this section is not an
election expense for the purpose of Part 5.1.

RSA 2000 cE‑2 s38;2010 c8
s81;2012 c5 s85;2016 c29 s33

39 Repealed
2017 c29 s126.

39.1 Repealed 2016 c29 s34.

Monetary claims against candidate

39.2(1) Subject
to subsection (2), unless a person who has a monetary claim against a candidate
for or in respect of an election sends in the claim to the chief financial
officer of the candidate not later than the date determined under section
43.1(6), the right to recover the claim is barred.

(2) In the case of the death of a person having a
monetary claim under subsection (1) on or before the date determined under
section 43.1(6), unless the person’s legal representative sends in the claim
within one year after the death of the person, the right to recover the claim
is barred.

(3) In the case of the death of the chief financial
officer or the chief financial officer’s incapacity to act, if no other chief
financial officer has been appointed, claims may be delivered to the candidate
or the candidate’s official agent as defined in the Election Act.

(4) No claim may be paid without the authority of
the candidate or the chief financial officer.

2010 c8 s83

Payment of late claim

39.3 Notwithstanding section 39.2, any claim
that would have been payable if sent on or before the date determined under
section 43.1(6) may be paid by the candidate through the candidate’s chief
financial officer after that time if the claim is approved by a judge.

(a) may
borrow money only from a financial institution other than a treasury branch,
and

(b) shall
record all loans and their terms and shall report accordingly to the Chief
Electoral Officer.

(2) Only a person ordinarily resident in Alberta
may make a payment on behalf of the borrower in respect of a loan to which
subsection (1) applies.

(3) Any payment in respect of a loan to which
subsection (1) applies made by a person referred to in subsection (2) becomes,
for the purposes of this Act, including, without limitation, sections 16, 17
and 35,

(a) a
contribution by that person, and

(b) a
contribution accepted by the borrower,

if the person is not reimbursed
by the borrower before the borrower is next required to file the applicable
financial statement or return.

(4) This section does not apply to the borrowing of
money by a registered candidate, registered nomination contestant or registered
leadership contestant for purposes unrelated to the candidate’s, nomination
contestant’s or leadership contestant’s campaign.

(5) Any loan made under this section that is in
effect on the coming into force of this section and that is secured by a
guarantee or by the provision of collateral security under section 41

(a) by
an Alberta trade union or an Alberta employee organization or by a corporation
that is not a prohibited corporation, or

(b) that
exceeds the limit prescribed by section 17,

must be repaid or renegotiated in
accordance with the timeline and terms developed under subsection (6) or (7),
and no further advances on the loan shall be made on or after the coming into
force of this section.

(6) The Chief Electoral Officer shall consult with
the borrowers and the guarantors or providers of the collateral security in
order to develop a reasonable timeline and terms for the repayment or
renegotiation of the loan.

(7) Where the Chief Electoral Officer is of the
opinion that an arrangement cannot be concluded in order to provide for the
repayment or renegotiation of the loan, the borrower and the guarantor or the
provider of a collateral security shall comply with any direction of the Chief
Electoral Officer.

RSA 2000 cE‑2 s40;2010 c8
s84;
2015 c15 s12;2016 c29 s35

Guarantees

41(1) Only a
person ordinarily resident in Alberta may sign, co‑sign or otherwise
guarantee or provide collateral security for any loan, monetary obligation or
indebtedness on behalf of or in the interest of any registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant.

(2) Only a person ordinarily resident in Alberta
may make a payment on behalf of the guarantor or the provider of the collateral
security to which subsection (1) applies.

(3) Subject to subsection (6), a guarantee or the
providing of collateral security referred to in subsection (1) to a registered
party, registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant shall not exceed the
limit prescribed by section 17.

(4) A guarantee made or the providing of collateral
security under subsection (1) by a person in a year is a contribution for the
purposes of section 17 for that year but is not a contribution for the purposes
of section 33 of this Act or section 24 of the Alberta Personal Income Tax
Act at the time of making the guarantee or providing the collateral
security.

(5) A payment made by the guarantor is not a
contribution for the purposes of section 17 but is a contribution for the
purposes of section 33 and may be considered a contribution in respect of
section 24 of the Alberta Personal Income Tax Act at the time of the
payment.

(6) A registered candidate may sign or otherwise
guarantee or provide collateral security for any loan, monetary obligation or
indebtedness on behalf of or in the interest of the registered party for which
the registered candidate is the official candidate for amounts that in the
aggregate do not exceed $25 000 as adjusted in accordance with section
41.5, and a guarantee or collateral security provided under this subsection or
a payment made by the registered candidate when acting on the guarantee or
collateral security is not a contribution.

(7) Any payment made by a person other than a
guarantor or borrower on behalf of or in the interest of a registered party,
registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant becomes, for the
purposes of this Act, including, without limitation, sections 16, 17 and 35,

(a) a
contribution by that person, and

(b) a
contribution accepted by the borrower,

if the person is not reimbursed
by the borrower before the borrower is next required to file the applicable
financial statement or return.

(8) A guarantee made or the providing of collateral
security under subsection (1) in a year must be recorded by the registered
party, registered constituency association, registered candidate, registered
nomination contestant or registered leadership contestant, as the case may be,
and the details of the guarantee or of the providing of the collateral security
must be included in a financial statement under section 42 or a campaign return
under sections 43 to 43.02, as applicable.

(9) This section does not apply to payments made on
behalf of or in the interest of a registered candidate, registered nomination
contestant or registered leadership contestant for purposes unrelated to the
candidate’s, nomination contestant’s or leadership contestant’s campaign.

RSA 2000 cE‑2 s41;2015 c15
s13;2016 c29 s35

Part 5.1
Maximum Expense Limits

Election expenses

41.1(1) In this
Part, “election expense”, subject to this Part, means any expense incurred, or
non‑monetary contribution received,

(a) by
a registered party, registered constituency association or registered
candidate, to the extent that the real property, goods or services that the
expense was incurred for, or that were received as a non‑monetary
contribution, are used to directly promote or oppose a registered party, its
leader or a candidate during an election period;

(b) by
a nomination contestant, to the extent that the real property, goods or
services that the expense was incurred for, or that were received as a non‑monetary
contribution, are used to directly promote or oppose a nomination contestant
during a nomination contest.

(2) For the purposes of this section, the use of
goods in a 2nd or subsequent election is a non-monetary contribution.

(3) An election expense referred to in subsection
(1) includes an expense incurred for, or a non‑monetary contribution in
relation to,

(a) the
production of advertising or promotional material,

(b) the
distribution, broadcast or publication of advertising or promotional material
in any media or by any other means during the election period, including by the
use of a capital asset,

(c) the
payment of remuneration and expenses to or on behalf of a person for the
person’s services as a chief financial officer or in any other capacity,

(d) securing
a meeting space, or

(e) the
conduct of election surveys or other surveys or research during an election
period.

(4) In this section, “expense incurred” means an
expense that is incurred, whether it is paid or unpaid.

2016 c29 s36

Election expense limits —
registered parties

41.2(1) No
registered party and no chief financial officer of a registered party shall
incur election expenses in respect of a general election that exceed in the
aggregate $2 000 000 as adjusted under section 41.5.

(2) No registered party and no chief financial
officer of a registered party shall incur election expenses in respect of a by‑election
for an electoral division that exceed in the aggregate $23 000 as adjusted
in accordance with section 41.5.

(3) The following expenses are not election
expenses for the purposes of subsections (1) and (2):

(a) audit
and professional fees necessary for compliance with this Act by the registered
party;

(b) expenses
incurred to hold a conference or convention of a registered party;

(c) expenses
incurred by a registered party to operate a permanent office, including the
salaries and wages paid to permanent staff members working in the office during
the election period;

(d) reasonable
incidental expenses incurred by or on behalf of volunteers.

(4) The chief financial officer of the registered
party shall prepare an expense limit report for the purpose of a return
required to be filed under section 43 relating to the election expenses
incurred by the registered party in relation to the election period.

(5) For the purposes of subsections (1) and (2),

(a) an
election expense incurred by a registered party on behalf of 2 or more
registered candidates is an election expense incurred by the registered party,
and

(b) an
election expense incurred by a registered constituency association on behalf of
its registered party is an election expense incurred by the registered party.

2016 c29 s36

Election expense limits —
registered candidates

41.3(1) No
registered candidate and no chief financial officer of a registered candidate
shall incur election expenses in respect of an election in an electoral
division that exceed in the aggregate $50 000 as adjusted in accordance
with section 41.5.

(2) The following expenses are not election
expenses for the purposes of subsection (1):

(a) a
registered candidate’s travel expenses reasonably related to the election,
including meals and accommodation;

(b) a
registered candidate’s child care expenses;

(c) expenses
relating to the provision of care for a person with a physical or mental
incapacity for whom the registered candidate normally provides such care;

(d) in
the case of a registered candidate who has a disability, additional expenses
that are related to the disability;

(e) audit
and professional fees necessary for compliance with this Act by the registered
candidate;

(f) reasonable
incidental expenses incurred by or on behalf of volunteers.

(3) For the purposes of subsection (1),

(a) an
election expense incurred by a registered party on behalf of a specific
registered candidate is an election expense incurred by the registered
candidate, and

(b) an
election expense incurred by a registered constituency association on behalf of
a registered candidate is an election expense incurred by the registered
candidate.

(4) The chief financial officer of the registered
candidate shall prepare an expense limit report for the purpose of a return
required to be filed under section 43 relating to the election expenses
incurred by the registered candidate in relation to the election period.

2016 c29 s36

Limits on election expenses –
nomination contestant

41.4(1) No
registered nomination contestant and no chief financial officer of a registered
nomination contestant shall incur election expenses in respect of the
nomination contest that exceed in the aggregate 20% of a registered candidate’s
spending limit for an election in that electoral division.

(2) The following expenses are not election
expenses for the purposes of subsection (1):

(a) travel
expenses reasonably related to the nomination contestant, including meals and
accommodation;

(b) a
registered nomination contestant’s child care expenses;

(c) expenses
relating to the provision of care for a person with a physical or mental
incapacity for whom the registered nomination contestant normally provides such
care;

(d) in
the case of a registered nomination contestant who has a disability, additional
expenses that are related to the disability;

(e) audit
and professional fees necessary for compliance with this Act by the registered
nomination contestant;

(f) reasonable
incidental expenses incurred by or on behalf of volunteers.

(3) The chief financial officer of the registered nomination
contestant shall prepare an expense limit report for the purpose of a return
required to be filed under section 43.01 relating to the election expenses
incurred by the registered nomination contestant in relation to the nomination
contest.

2016 c29 s36

Activities by third parties

41.41(1) A third
party shall not incur expenses to engage in any of the following activities
that support the work of registered parties, registered candidates, registered
nomination contestants or registered leadership contestants:

(c) collecting
or compiling information about electors or potential electors, including data
and lists, where that information is shared with registered parties, registered
candidates, registered leadership contestants or registered nomination
contestants;

(d) any
other activity that would otherwise be part of the administrative activity of a
registered party, registered candidate, registered nomination contestant or
registered leadership contestant.

(2) Subsection (1) does not apply to

(a) volunteer
labour provided by a person, so long as that person does not receive any
compensation to volunteer,

(b) a
petition tabled in the Legislative Assembly in accordance with the Standing
Orders of the Legislative Assembly of Alberta,

(c) a
contribution by a third party who is eligible to make a contribution under
section 16(1), or

(d) an activity
where the expense incurred for that activity is an election expense under this
Part.

2017 c29 s127

Collusion

41.42(1) A
registered party, registered candidate, registered nomination contestant or
registered leadership contestant shall not circumvent, or attempt to
circumvent, an expense limit set out in this Part or a contribution limit under
Part 3 by colluding with a third party.

(2) A third party shall not collude with a
registered party, registered candidate, registered nomination contestant or
registered leadership contestant to circumvent, or attempt to circumvent, an
expense limit set out in this Part or a contribution limit under Part 3.

2017 c29 s127

Inflation adjustment/indexing

41.5(1) In this
section, “consumer price index” means the “All‑items” Consumer Price
Index for Alberta as published monthly by Statistics Canada.

(2) Effective January 1 after polling day of the
first general election following the coming into force of this section, the
Chief Electoral Officer shall adjust each of the amounts referred to in
sections 17, 41(6), 41.2, 41.3 and 44.11 by the percentage increase, if any, to
the consumer price index for the period beginning January 1, 2017 and ending on
December 31 of the year in which the general election was held.

(3) After each subsequent general election, the
Chief Electoral Officer shall further adjust each of the amounts referred to in
sections 17, 41(6), 41.2, 41.3 and 44.11 by the percentage increase, if any, to
the consumer price index for the period beginning on the effective date of the
prior adjustment and ending on December 31st of the year the general election
was held.

(4) Amounts adjusted under this section shall be
rounded to the nearest dollar.

(5) The effective date of an adjustment under
subsection (3) is January 1 of the year following the general election.

(6) The amounts adjusted under this section shall
be published on the Chief Electoral Officer’s website as soon as reasonably
possible after January 1.

2016 c29 s36

Part 6
Financial Statements

Filing of annual financial
statements

42(1) On or
before March 31 of each year,

(a) the
chief financial officer of each registered party shall file with the Chief
Electoral Officer an audited financial statement, in the form and manner
approved by the Chief Electoral Officer, setting out for the previous year the
revenue, expenses, assets and liabilities, excluding revenue and campaign
expenses that relate to an election during a campaign period, and

(b) the
chief financial officer of each registered constituency association shall file
with the Chief Electoral Officer a financial statement, in the form and manner
approved by the Chief Electoral Officer, setting out for the previous year the
revenue, expenses, assets and liabilities, including a nil return where
applicable.

(1.1) Unless otherwise directed by the Chief
Electoral Officer, a registered party is not required to file an audited
financial statement in respect of the registered party if the revenue and
expenses of the registered party do not each exceed $1000.

(1.2) Where under subsection (1.1) a registered party is not
required to file an audited financial statement, the registered party is
required to file a non‑audited financial statement on or before March 31
of the year in which the filing is required, including a nil return where
applicable.

(2) If a political party or constituency
association becomes registered under this Act within the last 4 months of any
year, the financial statement filed with its application for registration is
deemed to be in compliance with subsection (1) in relation to that year.

(2.1) If the registration of a constituency association is
cancelled because of the establishment of new electoral divisions, that
constituency association must file its financial statements within 6 months
after the date the registration was cancelled.

(3) The chief financial officer of each registered
party shall file separate audited financial statements relating to the Election
Act and the Senatorial Selection Act.

RSA 2000 cE‑2 s42;2010 c8
s85;2012 c5 s86;
2016 c29 s37

Filing of campaign return

43(1) Subject
to subsection (8), within 6 months after polling day the chief financial officer
of a registered party shall file with the Chief Electoral Officer a campaign
return with respect to the campaign period, which must include

(a) a
financial statement,

(b) the
contribution report referred to in section 32(4),

(c) a
campaign expense report setting out the campaign expenses incurred by the
registered party,

(d) an
expense limit report referred to in section 41.2(4), and

(e) any
supporting information and documents relating to the campaign return.

(2) Subject to subsection (9), within 4 months
after polling day the chief financial officer of a registered candidate shall
file with the Chief Electoral Officer a campaign return, which must include

(a) a
financial statement,

(b) the
contribution report referred to in section 32(4),

(c) a
campaign expense report setting out the campaign expenses incurred by the
registered candidate,

(d) an
expense limit report referred to in section 41.3(4), and

(e) any
supporting information and documents relating to the campaign return.

(3) The Chief Electoral Officer may issue
guidelines relating to the preparation and contents of the campaign returns
referred to in subsections (1) and (2) and shall publish any guidelines on the
Chief Electoral Officer’s website.

(4) In relation to a by-election, subsection (1)
applies only to registered parties that received contributions or made payments
or transfers in relation to that by‑election and subsection (2) applies
only to registered candidates at that by-election.

(5) This section also applies to any registered
candidate who withdraws the candidate’s candidacy or is not nominated under the
Election Act.

(6) Subject to subsection (7), an audited financial
statement and a copy of the auditor’s report shall accompany each financial
statement of a registered party submitted pursuant to subsection (1).

(7) Unless otherwise directed by the Chief
Electoral Officer, an audited financial statement is not required to accompany
a financial statement filed under subsection (1) if the revenue and campaign expenses
of the registered party do not each exceed $1000, but a non-audited financial
statement must be filed, including a nil return where applicable.

(8) If the polling day for a general election
occurs within 6 months after the polling day for the previous general election,
the time for compliance with subsection (1) in respect of the previous general
election is extended to the expiration of the 6‑month period after the
2nd general election.

(9) If a by-election is held for an electoral
division and the polling day for that by‑election occurs within 4 months
after the polling day for the previous election in the same electoral division,
the time for compliance with subsection (2) in respect of the previous election
is extended to the expiration of the 4‑month period after the by‑election.

RSA 2000 cE‑2 s43;2010 c8
s86;2012 c5 s87;2016 c29 s38

Nomination contestant campaign
return

43.01(1) Within
4 months after the conclusion of a nomination contest, the chief financial
officer of a registered nomination contestant shall file with the Chief
Electoral Officer a nomination contestant campaign return, which must include

(a) a
financial statement,

(b) the
contribution report referred to in section 32(4.2),

(c) a
campaign expense report setting out the campaign expenses incurred by the
registered nomination contestant,

(d) an
expense limit report referred to in section 41.4(3), and

(e) any
supporting information and documents relating to the nomination campaign
return.

(2) This section also applies to any registered
nomination contestant who withdraws from the nomination contest.

(3) The Chief Electoral Officer may issue
guidelines relating to the preparation and contents of the nomination
contestant campaign return and shall publish any guidelines on the Chief
Electoral Officer’s website.

2016 c29 s39

Leadership contestant campaign
return

43.02(1) Within
4 months after the date fixed for the leadership vote, the chief financial
officer of a registered leadership contestant shall file with the Chief
Electoral Officer a leadership contestant campaign return, which must include

(a) a
financial statement,

(b) the
contribution report referred to in section 32(4.3),

(c) a
campaign expense report setting out the campaign expenses incurred by the
registered leadership contestant, and

(d) any
supporting information and documents relating to the leadership campaign
return.

(2) An audited financial statement and a copy of
the auditor’s report shall accompany each financial statement of a registered
leadership contestant required to be filed under subsection (1) if the campaign
expenses of the leadership contestant exceed $25 000.

(3) This section also applies to any registered
leadership contestant who withdraws from the leadership contest.

(4) The Chief Electoral Officer may issue
guidelines relating to the preparation and contents of the leadership
contestant campaign return and shall publish any guidelines on the Chief
Electoral Officer’s website.

2016 c29 s39

Campaign deficits

43.1(1) In this
section, “revenue” means the total of

(a) contributions
received by a registered candidate, registered nomination contestant or
registered leadership contestant made in accordance with this Act,

(b) other
income, including fund‑raising revenue and interest on deposits,

(c) amounts
transferred in accordance with this Act to a registered candidate by a
registered party, a registered constituency association or another registered
candidate, and

(d) campaign
funds held in trust under section 12(1).

(2) For the purpose of this section, a registered
candidate, registered nomination contestant or registered leadership contestant
has a campaign deficit if, at the end of the campaign period,

(a) any
liabilities relating to the campaign remain outstanding, or

(b) campaign
expenses exceed revenue.

(3) Where a registered candidate, registered
nomination contestant or registered leadership contestant has a campaign
deficit, the registered candidate, registered nomination contestant or
registered leadership contestant shall eliminate the deficit within 3 months
after the date that the campaign return is next required to be filed or such
further period approved under subsection (4).

(4) The Chief Electoral Officer may, on the request
of a registered candidate, registered nomination contestant or registered
leadership contestant or the registered candidate’s, registered nomination
contestant’s or registered leadership contestant’s chief financial officer
received before the expiry of the 3‑month period referred to in
subsection (3), extend the 3‑month period referred to in subsection (3)
for a further period not exceeding 3 months.

(5) For the purpose of eliminating a campaign
deficit,

(a) a
registered candidate’s, registered nomination contestant’s or registered
leadership contestant’s chief financial officer may, notwithstanding section
17(4), accept contributions in accordance with this Act during the period
referred to in subsection (3) or (4), as applicable, and

(b) a
registered party or registered constituency association of the registered
candidate may transfer funds to the candidate or may pay any outstanding
liabilities.

(6) The chief financial officer of the registered
candidate, registered nomination contestant or registered leadership contestant
shall, within one month after the expiration of the period referred to in
subsection (3) or (4), as applicable, file an amended campaign return showing
any contributions accepted and any transfers received to eliminate the deficit.

2010 c8 s87;2016 c29 s40

Late filing fee

43.2(1) In this
section, “filing deadline” means the day by which a financial statement
referred to in section 42 is required to be filed with the Chief Electoral Officer
or the date by which a return referred to in section 43, 43.01, 43.02 or 43.1
is required to be filed with the Chief Electoral Officer.

(2) A registered party, registered constituency
association, registered candidate, registered nomination contestant or
registered leadership contestant that is required to file a financial statement
under section 42 or a return under section 43, 43.01, 43.02 or 43.1, and fails
to file that document by the filing deadline must pay a late filing fee of $500
to the Chief Electoral Officer.

(3) The Chief Electoral Officer shall not cancel
the registration of the registered party or registered constituency association
under section 10(3) if the financial statement or return is filed in the case
of a financial statement referred to in section 42 or a return referred to in
section 43, no later than 30 days after the filing deadline.

(4) The Chief Electoral Officer shall not transmit
a report in relation to a registered candidate, registered nomination
contestant or registered leadership contestant under section 44(1) if the
return is filed no later than 10 days after the filing deadline.

(5) The following persons are jointly and severally
liable for payment of the fee referred to in subsection (2):

(a) in
the case of a registered party, the registered party and the chief financial
officer of the registered party;

(b) in
the case of a registered constituency association, the registered constituency
association and the chief financial officer of the registered constituency
association;

(6) If the late filing fee is not paid within 30
days after the date the fee was payable, the Chief Electoral Officer shall send
a notice to the persons referred to in subsection (5), as applicable,
indicating the amount of the late filing fee that is required to be paid.

(7) If the persons who are sent notices by the
Chief Electoral Officer under subsection (6) fail to pay the late filing fee
set out in the notice, the Chief Electoral Officer may file a copy of the
notice with the clerk of the Court of Queen’s Bench, and on being filed, the
notice has the same force and effect and may be enforced as if it were a
judgment of the Court.

2016 c29 s41

Effect of non‑compliance

44(1) Subject
to section 43.2(4), if the chief financial officer of a registered candidate,
registered nomination contestant or registered leadership contestant fails to
file a return as required by section 43, 43.01 or 43.02 or a revised return
under section 43.1, as the case may be, the Chief Electoral Officer shall
transmit a report to that effect to the Speaker of the Assembly, who shall on
its receipt lay the report before the Assembly if it is then sitting or, if it
is not then sitting, within 15 days after the commencement of the next sitting.

(2) After the Chief Electoral Officer transmits the
report under subsection (1), the Chief Electoral Officer may publish a copy of
the report on the Chief Electoral Officer’s website.

(3) If the Speaker lays a report before the
Assembly under subsection (1), the registered candidate, registered nomination
contestant or registered leadership contestant concerned or his or her chief
financial officer, or both, may, within the 60‑day period following the
date on which the report was laid before the Assembly, apply to the Court of
Queen’s Bench for relief.

(4) On hearing the application, the Court may

(a) dispense
with compliance with section 43, 43.01, 43.02 or 43.1, or any provision of the
relevant section, if it considers that the non‑compliance is due to
circumstances beyond the control of the registered candidate, registered
nomination contestant, registered leadership contestant or chief financial
officer, and that it is not reasonably possible to comply with the section,

(b) extend
the time for compliance with section 43, 43.01, 43.02 or 43.1, or any provision
of the relevant section, if it finds mitigating reasons for non‑compliance
with the section,

(c) make
any order that it considers appropriate to secure compliance with so much of
section 43, 43.01, 43.02 or 43.1 as it considers reasonable in the
circumstances, or

(d) refuse
the application.

(5) An application to the Court under this section
must name the Chief Electoral Officer as respondent.

(6) The decision of the Court is final and not
subject to appeal.

RSA 2000 cE‑2 s44;2009 c53
s53;2010 c8 s88;2016 c29 s42

Part
6.1
Third Party
Advertising

Definitions

44.1(1) In this
Part and in section 9.1,

(a) “advertising
account” means, as applicable,

(i) the
account on record with the Chief Electoral Officer for the purpose of accepting
advertising contributions for election advertising and for the payment of
advertising expenses for election advertising, and

(ii) the
account on record with the Chief Electoral Officer for the purpose of accepting
advertising contributions for political advertising and for the payment of
advertising expenses for political advertising;

(b) “advertising
contribution” means, subject to subsection (2),

(i) money
provided to or for the benefit of a third party, or

(ii) real
property, goods or services, or the use of real property, goods or services,
provided to or for the benefit of a third party,

without
compensation from that third party, for the purpose of election advertising or
political advertising, whether provided before or after the third party becomes
registered under section 9.1;

(c) “advertising
expense” means an expense incurred in relation to

(i) the
production of an election advertising message or political advertising message
in the format in which the message is to be transmitted, and

(ii) the
acquisition of the means of transmission to the public of an election
advertising message or a political advertising message;

(d) “election
advertising” means, subject to subsection (1.1), the transmission to the public
by any means during an election advertising period of an advertising message
that promotes or opposes a registered party or the election of a registered
candidate, including an advertising message that takes a position on an issue
with which a registered party or registered candidate is associated, and for
greater certainty does not include

(i) the
transmission to the public of an editorial, a debate, a speech, an interview, a
column, a letter, a commentary or news,

(ii) the
distribution of a book, or the promotion of the sale of a book, for no less
than its commercial value, if the book was planned to be made available to the
public regardless of whether there was to be an election,

(iii) the
transmission of a document or the communication directly by a corporation or a
group to its members, employees or shareholders, as the case may be,

(iv) the
transmission by a person, corporation or group, on a non‑commercial basis
on the Internet, of the political views of that person, corporation or group,

(v) the
making of telephone calls to electors only to encourage them to vote, or

(vi) advertising
by the Government in any form;

(d.1) “election
advertising period” means

(i) in
the case of a general election held in accordance with section 38.1(2) of the Election
Act, the period commencing December 1 in the year immediately preceding the
year in which a general election is held and ending at the end of the polling
day, or

(ii) in
the case of a general election held other than in accordance with section
38.1(2) of the Election Act, the period commencing with the issue of a
writ for the election and ending at the end of the polling day;

(e) “expenses”
means

(i) amounts
paid,

(ii) liabilities
incurred,

(iii) subject
to subsection (2)(a), the market value of real property, goods and services
that are donated or provided, and

(iv) subject
to subsection (2)(a), amounts that represent the difference between an amount
paid or a liability incurred for real property, goods or services and the
market value of the real property, goods or services, when they are provided at
less than their market value;

(f) “group”
means an unincorporated group of persons or corporations acting in consort for
a common purpose and includes a trade union and an employee organization or any
combination of persons, corporations, trade unions or employee organizations;

(g) “political
advertising” means, subject to subsection (1.3), the transmission to the public
by any means, at any time other than during an election advertising period, of
an advertising message that promotes or opposes a registered party, the leader
of a registered party, a member of the Legislative Assembly, a registered
nomination contestant, a registered leadership contestant or the election of a
registered candidate, including an advertising message that takes a position on
an issue with which a registered party, the leader of a registered party, a
member of the Legislative Assembly, a registered nomination contestant, a
registered leadership contestant or a registered candidate is associated, and
for greater certainty does not include

(i) the
transmission to the public of an editorial, a debate, a speech, an interview, a
column, a letter, a commentary or news,

(ii) the
distribution of a book, or the promotion of the sale of a book, for no less
than its commercial value,

(iii) the
transmission of a document or the communication directly by a corporation or a
group to its members, employees or shareholders, as the case may be,

(iv) the
transmission by a person, corporation or group, on a non‑commercial basis
on the Internet, of the political views of that person, corporation or group,

(v) the
making of telephone calls to electors only to encourage them to vote, or

(vi) advertising
by the Government in any form;

(h) “registered
third party” means a third party registered under section 9.1;

(i) “third
party” means a person, corporation or group, but does not include the
following:

(i) a
registered party;

(ii) a
registered constituency association;

(iii) a
registered candidate or member of the Legislative Assembly;

(iv) a
registered nomination contestant;

(v) a
registered leadership contestant.

(1.1) For the purposes of subsection (1)(d),
“election advertising” includes

(a) canvassing
for the benefit of a registered party or registered candidate, and

(b) organizing
events where a significant purpose of the event is to promote or oppose a
registered party or registered candidate.

(1.2) In determining a significant purpose of an
event under subsection (1.1)(b), the following factors, in addition to any
other relevant information, shall be used:

(a) whether
it is reasonable to conclude that the event was specifically planned to
coincide with an election;

(b) whether
the formatting or branding of promotional materials for the event is similar to
the formatting, branding or election material used by a registered party or
registered candidate;

(c) the
extent to which an election or any registered party or registered candidate is
referred to, either directly or indirectly, in promotional materials for the
event or at the event;

(d) whether
the event is consistent with previous events held by that third party;

(e) whether
messages conveyed at the event are political messages associated with a
registered party or registered candidate.

(1.3) For the purposes of subsection (1)(g),
“political advertising” includes

(a) canvassing
for the benefit of a registered party, the leader of a registered party, a
member of the Legislative Assembly, a registered nomination contestant, a registered
leadership contestant or a registered candidate, and

(b) organizing
events where a significant purpose of the event is to promote or oppose a
registered party, the leader of a registered party, a member of the Legislative
Assembly, a registered nomination contestant, a registered leadership
contestant or a registered candidate.

(1.4) In determining a significant purpose of an
event under subsection (1.3)(b), the following factors, in addition to any
other relevant information, shall be used:

(a) whether
it is reasonable to conclude that the event was specifically planned to
coincide with an election;

(b) whether
the formatting or branding of promotional materials for the event is similar to
the formatting, branding or election material used by a registered party, the
leader of a registered party, a member of the Legislative Assembly, a
registered nomination contestant, a registered leadership contestant or a
registered candidate;

(c) the
extent to which an election or any registered party, the leader of a registered
party, member of the Legislative Assembly, registered nomination contestant,
registered leadership contestant or registered candidate is referred to, either
directly or indirectly, in promotional materials for the event or at the event;

(d) whether
the event is consistent with previous events held by that third party;

(e) whether
messages conveyed at the event are political messages associated with a
registered party, the leader of a registered party, a member of the Legislative
Assembly, a registered nomination contestant, a registered leadership
contestant or a registered candidate.

(2) For the purposes of subsection (1)(b),
“services” does not include

(a) volunteer
labour provided by a person, so long as that person does not receive from his
or her employer, or any person, compensation or paid time off to volunteer,

(b) audit
and professional services provided free of charge for work relating to
compliance with this Act,

(c) services
provided free of charge by a person acting as the chief financial officer of
the recipient of the services for work relating to compliance with this Act, or

(d) services
that a third party provides in support of its own campaign,

but for greater certainty
“services” include services provided by a person who is self‑employed if
the services are normally charged for by that person.

(3) The Chief Electoral Officer may issue
guidelines respecting the application of this Part and shall publish any
guidelines on the Chief Electoral Officer’s website.

2010 c8 s89;2012 c5 s88;2016 c29
s43;2017 c29 ss128,131

Election advertising spending limit

44.11(1) A
registered third party shall not incur election advertising expenses,

(a) if
the general election is held in accordance with section 38.1(2) of the Election
Act,

(i) in
an amount of more than $150 000 in the aggregate, as adjusted in
accordance with section 41.5 in relation to the period commencing on December 1
in the year immediately preceding the year in which a general election is held
and ending at the end of the day preceding the day the writ is issued, and

(ii) in
an amount of more than $150 000 in the aggregate, as adjusted in
accordance with section 41.5 in relation to the period commencing on the day
the writ is issued and ending at the end of the polling day, and

(b) if
the general election is held other than in accordance with section 38.1(2) of
the Election Act, in an amount of more than $150 000 in the
aggregate, as adjusted in accordance with section 41.5 in relation to the
period commencing on the day the writ is issued and ending at the end of the
polling day.

(2) A registered third party shall not incur
election advertising expenses to promote or oppose the election of one or more
registered candidates in a given electoral division that exceed the following,
as adjusted in accordance with section 41.5:

(a) in
the case of a general election held in accordance with section 38.1(2) of the Election
Act, $3000 of the amount referred to in subsection (1)(a)(i) and $3000 of
the amount referred to in subsection (1)(a)(ii), or

(b) in
the case of a general election held other than in accordance with section
38.1(2) of the Election Act, $3000 of the amount referred to in
subsection (1)(b).

(2.1) For the purpose of subsection (2), promoting or
opposing the election of a registered candidate in a given electoral division
includes

(a) naming
that candidate,

(b) showing
that candidate’s likeness,

(c) identifying
that candidate by political affiliations, or

(d) taking
a position on an issue with which that candidate is particularly associated.

(3) The limits set out in subsection (2)(a) and (b)
apply to an amount incurred with respect to the leader of a registered party
only to the extent that it is incurred to promote or oppose his or her election
in a given electoral division.

(4) A third party shall not incur election
advertising expenses in a total amount of more than $3000, as adjusted in accordance
with section 41.5, in relation to a by‑election in a given electoral
division.

(5) A third party shall not circumvent, or attempt
to circumvent, a limit set out in this section in any manner, including by
splitting itself into 2 or more third parties for the purpose of circumventing
a limit or acting in collusion with another third party so that their combined
election advertising expenses exceed a limit.

(5.1) A registered third party shall not circumvent,
or attempt to circumvent, an expense limit set out in this Part by colluding
with a registered party or registered candidate.

(5.2) A registered party, registered candidate,
registered nomination contestant or registered leadership contestant shall not
collude with a third party to circumvent, or attempt to circumvent, an expense
limit set out in this Part.

(6) For greater certainty, for the purposes of this
section, if election advertising is transmitted during an election advertising
period, the expense incurred for that advertising is considered to be an
election advertising expense, regardless of when it was incurred.

(7) The chief financial officer of a registered
third party shall prepare an election advertising expense limit report for the
purposes of a return required to be filed under section 44.9 relating to third
party advertising expenses in relation to election advertising.

2016 c29 s43;2017 c29 ss129,131

Restrictions on advertising
contributions and expenses

44.2(1) Subject
to subsections (3) and (4), no advertising contribution shall be made by a
person, corporation, trade union or employee organization to a third party or
used to incur election advertising expenses or political advertising expenses
unless

(a) the
third party to whom the advertising contribution is made is registered under
section 9.1, or

(b) the
third party is not required to be registered under section 9.1.

(2) No third party required to be registered under
section 9.1 and no person acting for a third party required to be registered
under section 9.1 shall accept advertising contributions or incur advertising
expenses unless the third party is registered under section 9.1.

(3) The following shall not make an election
advertising contribution:

(a) a
person ordinarily resident outside Alberta;

(b) a
prohibited corporation;

(c) a
trade union or employee organization that is not an Alberta trade union or
Alberta employee organization;

(d) a
registered charity;

(e) a
group of which any member of the group is ineligible under clause (a), (b) or
(c).

(4) A third party shall not incur election
advertising expenses in a total amount of $1000 or more if the third party is
not eligible to be registered under section 9.1.

(5) No third party shall, directly or indirectly,
accept an election advertising contribution if the third party knows or ought
to know that the contribution is made by a person, organization or group
referred to in subsection (3).

(6) If the chief financial officer of a third party
learns that an advertising contribution was accepted in contravention of this
section, the chief financial officer shall, within 30 days after learning of
the contravention, advise the Chief Electoral Officer in writing of the fact
and circumstances and return the contribution in accordance with the directions
of the Chief Electoral Officer.

2010 c8 s89;2012 c5 s89;2015 c15
s14;2016 c29 s43

Payments made by third party

44.21 Any money paid by a third party from its
own funds

(a) for
election advertising is an advertising contribution of the third party for the
purposes of this Part, and

(b) for
political advertising is a political advertising contribution of the third
party for the purposes of this Part.

2010 c8 s89;2016 c29 s43

Deposit of advertising
contributions

44.22(1) Advertising
contributions for election advertising or political advertising accepted by or
on behalf of a registered third party shall be paid into the appropriate
advertising account.

(2) When any advertising contribution, other than
money, accepted by or on behalf of a registered third party is converted at any
time into money, that amount shall be paid into the appropriate advertising
account.

2016 c29 s43

Additional rules for groups

44.3 The following rules apply where a group
wishes to make an advertising contribution to a third party or wishes to use
funds collected to pay for advertising expenses:

(a) an
advertising contribution from funds collected from a group’s members may be
attributed to its members only if

(i) the
amounts paid by its members were made on a voluntary basis,

(ii) it
was made explicit whether the amounts being collected were for election
advertising or for political advertising, and

(iii) the
names of the members who made the payments, and the amounts they each paid, are
recorded by the group and, if applicable, provided to the third party;

(b) a
group other than a trade union or employee organization may make advertising
contributions only from funds collected from its members in accordance with
clause (a);

(c) advertising
contributions by a trade union or employee organization from funds collected
from its members but not in accordance with clause (a) are deemed to be
advertising contributions of the trade union or employee organization and
cannot be attributed to its members;

(d) amounts
making up advertising contributions that are attributed to members under clause
(a) are advertising contributions of those members for the purposes of this
Part.

2010 c8 s89;2016 c29 s43

Valuing contributions other than
money

44.31(1) The
value of advertising contributions, other than money, provided to a third party
is the market value of the advertising contributions at that time.

(2) If any real property, goods or services or the
use of real property, goods or services is provided to a third party for a
price that is less than the market value at that time, the amount by which the
value exceeds the price is an advertising contribution for the purposes of this
Part.

2010 c8 s89;2016 c29 s43

Fund‑raising functions

44.32(1) In this
section, “fund‑raising function” includes any social function held for
the purpose of raising funds for a third party required to be registered under
section 9.1 by whom or on whose behalf the function is held.

(2) The gross income from any fund‑raising
function must be recorded by the chief financial officer of the third party
that held the function or on whose behalf the function was held.

(3) If a fund-raising function is held by the sale
of tickets by or on behalf of a third party, the amount of the advertising
contribution is to be determined under clause (a) or under clause (b), at the
option of the third party:

(a) if
the individual charge

(i) is
$50 or less, it is not considered to be an advertising contribution unless the
person who pays the charge specifically requests that it be so considered, in
which case 1/2 of the amount is allowed for expenses and 1/2 is considered to
be an advertising contribution,

(ii) is
more than $50 but not more than $100, $25 is allowed for expenses and the
balance is considered to be an advertising contribution, and

(iii) is
more than $100, 25% of the amount is allowed for expenses and the balance is
considered to be an advertising contribution;

(b) the
amount of the advertising contribution is the difference between the price of
the ticket and the market value of what the ticket entitles the bearer to
obtain.

(4) The price paid by a person at a fund‑raising
function in excess of the market value at that time for goods or services received
is considered to be an advertising contribution to the third party.

(5) This section does not apply to a fund‑raising
function for purposes unrelated to election advertising or political
advertising.

2010 c8 s89;2012 c5 s90;2016 c29
s43

Advertising contributions less than
$50

44.33(1) When,
at a meeting held on behalf of or in relation to the affairs of a third party,
money is given in response to a general collection of money solicited from the
persons in attendance at the meeting, individual amounts given of $50 or less
shall not be considered to be advertising contributions, but the chief
financial officer of the third party shall record the aggregate amount
received.

(2) Subsection (1) does not apply to funds raised
for or on behalf of a third party for purposes unrelated to election
advertising or political advertising.

2010 c8 s89;2016 c29 s43

Loans

44.4(1) A third
party

(a) may
borrow money only from a financial institution other than a treasury branch,
and

(b) shall
record all loans and their terms and shall report accordingly to the Chief
Electoral Officer.

(2) Any payment in respect of a loan to which
subsection (1) applies is considered an advertising contribution by the person,
corporation or group that made the payment unless that person, corporation or
group is reimbursed by the borrower prior to the filing by the borrower of the
applicable advertising report or return next required to be filed pursuant to
section 44.82 or 44.9.

(3) This section does not apply to the borrowing of
money by a third party for purposes unrelated to election advertising or
political advertising.

2010 c8 s89;2016 c29 s43

Anonymous contributions and
unauthorized contributions

44.5(1) Any
anonymous advertising contribution in excess of $50 and any advertising
contribution or portion of a contribution made in contravention of this Part
accepted by a registered third party must not be used or expended, and the
registered third party

(a) shall
return the advertising contribution or the portion, as the case may be, to the
contributor if the contributor’s identity can be established, or

(b) if
the contributor’s identity cannot be established, shall pay an amount
equivalent to the advertising contribution to the Chief Electoral Officer.

(2) Any amounts received by the Chief Electoral
Officer under subsection (1)(b) must be paid into the General Revenue Fund.

2010 c8 s89;2012 c5 s91;2016 c29
s43

Contributions not belonging to
contributor

44.51(1) No
person, corporation, group, trade union or employee organization shall
contribute to any third party that is registered or is required to be
registered under section 9.1 funds not actually belonging to that person,
corporation, group, trade union or employee organization, or any funds that
have been given or furnished to the person, corporation, group, trade union or
employee organization by any group or by a corporation, trade union or employee
organization for the purpose of making an advertising contribution of those
funds to the third party that is registered or is required to be registered
under section 9.1.

(2) No third party that is registered or is
required to be registered under section 9.1 and no person on its behalf shall
solicit or accept any advertising contribution if the third party or person
knows or ought to know that the contribution is contrary to subsection (1).

(3) If the chief financial officer learns that an
advertising contribution received by or on behalf of the third party that is
registered or is required to be registered for whom the chief financial officer
acts was made contrary to subsection (1), the chief financial officer shall,
within 30 days after learning of it, advise the Chief Electoral Officer in
writing of the fact and circumstances and return the advertising contribution
in accordance with the directions of the Chief Electoral Officer.

2016 c29 s43

Receipts

44.6 A third party shall issue receipts in the
form and manner approved by the Chief Electoral Officer for every advertising
contribution accepted by the third party.

2010 c8 s89;2016 c29 s43

Third party advertising expenses

44.7(1) All
election advertising expenses or political advertising expenses, as the case
may be, must be paid from the third party’s applicable advertising account.

(2) Every registered third party shall appoint a
chief financial officer.

(3) Every election advertising expense or political
advertising expense that is incurred by or on behalf of a registered third
party must be authorized by its chief financial officer.

(4) No advertising contribution shall be accepted
by a registered third party otherwise than through the third party’s chief
financial officer.

(5) The chief financial officer may delegate a
function described in subsection (3) or (4) to another person, but the
delegation does not limit the chief financial officer’s responsibility.

(6) Subject to the requirements of this Part, a
registered third party that operates an advertising account may transfer
amounts

(a) from
its election advertising account to the election advertising accounts of other
registered third parties,

(b) from
its political advertising account to the political advertising accounts of
other registered third parties,

(c) from
its election advertising account to its political advertising account, or

(d) from
its election advertising account to the political advertising accounts of other
registered third parties,

and any amounts transferred shall
not be considered as advertising contributions for the purposes of this Part,
but must be recorded as to source and amount.

(7) Funds held in a political advertising account
shall not

(a) be
transferred to the third party’s election advertising account, if the third
party has such an account, or

(b) to
the election advertising account of another third party.

(8) All election advertising expenses or political
advertising expenses paid for by a third party from its advertising account
must be recorded in its applicable advertising report.

2010 c8 s89;2016 c29 s43

Identification of third parties

44.8(1) A third
party, or a person acting on a third party’s behalf, must ensure that election
advertising or political advertising sponsored by the third party complies with
the following in accordance with the guidelines of the Chief Electoral Officer:

(a) the
election advertising and political advertising must include the third party’s
name and contact information and must indicate whether the third party
authorizes the election advertising or political advertising;

(b) subject
to clause (c), in the case of election advertising or political advertising
that is broadcast or is made through electronic media, the information referred
to in clause (a) must be stated at the beginning of the election advertising or
political advertising;

(c) in
the case of election advertising or political advertising transmitted to a
telephone, whether in the form of a live call or an automated pre-recorded
call,

(i) the
telephone number of the third party must be capable of being displayed on the
call display of called parties who subscribe to call display, and must not be
blocked from being displayed,

(ii) the
name of the third party must be stated at the beginning of the election
advertising or political advertising,

(iii) the
election advertising or political advertising must state whether the third
party authorizes the election advertising or political advertising, and

(iv) the
telephone number of the third party at which the third party can be contacted
must be stated at the end of the election advertising or political advertising.

(3) The guidelines established under subsection (2)
must be published on the Chief Electoral Officer’s website.

(4) If election advertising or political
advertising is not in compliance with this section, the Chief Electoral Officer
may cause it to be removed or discontinued, and in the case of election
advertising or political advertising displayed on a sign, poster or other
similar format, neither the Chief Electoral Officer nor any person acting under
the Chief Electoral Officer’s instructions is liable for trespass or damage
resulting from or occasioned by the removal.

2010 c8 s89;2012 c5 s92;2016 c29
s43

Disclosure of contributions for
election advertising

44.81(1) This
section applies only to advertising contributions provided for the purpose of
election advertising.

(2) In addition to the report referred to in
section 44.9, every registered third party who engages in election advertising
shall file with the Chief Electoral Officer, in the form and manner and within
the time determined by the Chief Electoral Officer, weekly reports about
advertising contributions received during the election advertising period,
setting out

(a) the
total amount of all advertising contributions received during each week of the
election advertising period that did not exceed $250 in the aggregate from any
single contributor, and

(b) for
each contributor who made advertising contributions during that week totalling
more than $250, the total amount contributed, together with the contributor’s
name and address and the amount and date of each advertising contribution.

(3) The reports under subsection (2) for the weeks
following the first week must also include the total amounts contributed by a
contributor when the advertising contributions of that contributor exceeded
$250 in the aggregate from the beginning of the election advertising period to
the end of the particular week for which the report is being prepared, together
with the contributor’s name and address.

2016 c29 s43;2017 c29 ss130,131

Disclosure of contributions for
political advertising

44.82(1) This
section applies only to advertising contributions provided for the purpose of
political advertising.

(2) The chief financial officer of a registered
third party shall file with the Chief Electoral Officer, in the form and manner
approved by the Chief Electoral Officer, within 15 days after the end of each
quarter of each year, a report setting out

(a) the
total amount of all advertising contributions received during the quarter that
did not exceed $250 in the aggregate from any single contributor, and

(b) for
each contributor who made advertising contributions during the quarter
totalling more than $250, the total amount contributed, together with the
contributor’s name and address and the amount and date of each advertising
contribution.

(3) The reports under subsection (2) for the 2nd,
3rd and final quarters must also include the total amounts contributed by a
contributor when the advertising contributions of that contributor exceeded
$250 in the aggregate on a year‑to‑date basis, together with the
contributor’s name and address.

(4) For the purpose of subsection (2), the ends of
each quarter of a year are as follows:

(a) for
the first quarter, March 31;

(b) for
the 2nd quarter, June 30;

(c) for
the 3rd quarter, September 30;

(d) for
the final quarter, December 31.

(5) The chief financial officer of a registered
third party shall, on or before March 31 of each year, file an annual report in
the form and manner approved by the Chief Electoral Officer respecting
advertising contributions received in respect of political advertising for the
preceding calendar year.

(6) A report under subsection (2) must be filed for
the final quarter of 2016 for the period commencing November 28, 2016, and
ending December 31, 2016, but an annual report referred to in subsection (5) is
not required to be filed for 2016.

2016 c29 s43

Third party election advertising
return

44.9(1) Subject
to subsection (2), within 6 months after polling day the chief financial
officer of a third party who is registered under section 9.1(2)(a) shall file with
the Chief Electoral Officer a third party election advertising return, which
must include

(a) a
financial statement,

(b) a
list of all advertising contributions received during the election advertising
period,

(d) the
time and place of broadcast or publication of the advertisements to which the
election advertising expenses relate, and

(e) any
supporting information and documents relating to the election advertising
return.

(2) If the polling day for a general election
occurs within 6 months after the polling day for a previous general election,
the time for compliance with subsection (1) in respect of the previous general
election is extended to the expiration of the 4‑month period after the
2nd general election.

(3) The chief financial officer of a registered
third party that accepts election advertising contributions or incurs election
advertising expenses outside of the return period in subsection (1) shall file
a report with the Chief Electoral Officer on or before March 31 of each year
for the preceding calendar year.

(4) If a registered third party has not incurred
election advertising expenses, that fact shall be indicated in its election
advertising return.

(5) For the purposes of subsection (1)(b), the list
of contributions received shall set out, for each contributor who made election
advertising contributions totalling more than $250, the contributor’s name and
address and the amount and date of each advertising contribution.

(6) A chief financial officer shall, at the request
of the Chief Electoral Officer, provide the original of any bill, voucher or
receipt for an election advertising expense of more than $50.

(7) The Chief Electoral Officer may issue
guidelines relating to the preparation and contents of the election advertising
return referred to in this section and shall publish any guidelines on the
Chief Electoral Officer’s website.

2010 c8 s89;2012 c5 s93;2016 c29
s43;2017 c29 s131

Audited financial statements

44.91(1) The
chief financial officer of a third party whose election advertising expenses
are $100 000 or more shall file an audited financial statement with the
Chief Electoral Officer within 6 months after polling day.

(2) The Chief Electoral Officer may determine what
information is to be provided in the audited financial statement required under
subsection (1).

2010 c8 s89;2016 c29 s43

Disposition of advertising account
funds

44.92(1) Subject
to subsection (2), any funds held by a registered third party in its election
advertising account with respect to an election advertising period shall
continue to be held in the election advertising account to be expended for
election advertising during a subsequent election advertising period.

(2) If a registered third party decides not to
expend funds for election advertising during the next election advertising
period for a general election or does not engage in election advertising during
the next election advertising period for a general election, the registered
third party shall, within 6 months after that period, deal with the funds
remaining in the election advertising account in accordance with subsection
(4).

(3) If a registered third party decides not to
engage in political advertising, the registered third party shall deal with the
funds remaining in its political advertising account in accordance with
subsection (4) by the time the report for the next quarter is required to be
filed, as referred to in section 44.82.

(4) Funds remaining in the advertising accounts
referred to in subsections (2) and (3) must be dealt with in one or more of the
following ways:

(a) by
transferring the funds in accordance with section 44.7;

(b) by
donating the funds to a registered charity;

(c) by
returning the funds to the third party’s contributors if they can be
identified;

(d) if
the funds or any portion of the funds cannot be dealt with in accordance with
clauses (a) to (c), by paying the funds or that portion of the funds, as the
case may be, to the Chief Electoral Officer for deposit into the General
Revenue Fund.

(5) A registered third party to which subsection
(2) or (3) applies shall notify the Chief Electoral Officer of its decisions
under this section and shall apply to the Chief Electoral Officer under section
10 to cancel its registration.

(6) The chief financial officer of a registered
third party that has not dealt with the funds remaining in the respective
advertising accounts referred to in subsection (2) or (3) shall file an election
advertising return with the Chief Electoral Officer on or before March 31 of
each year until such time as the funds have been disposed of completely.

2010 c8 s89;2012 c5 s93;2016 c29
s43;2017 c29 s131

Late filing fee

44.93(1) In this
section, “filing deadline” means the day by which a report and return under
this Part are required to be filed with the Chief Electoral Officer.

(2) A third party that is required to file a report
and return under this Part and fails to file that report or return by the filing
deadline must pay a late filing fee of $500 to the Chief Electoral Officer.

(3) The Chief Electoral Officer shall not cancel
the registration of the third party under section 10(4.1) if the report or
return is filed no later than 30 days after the filing deadline.

(4) The third party and the chief financial officer
of the third party are jointly and severally liable for payment of the fee
referred to in subsection (2).

(5) If the late filing fee is not paid within 30
days after the date the fee was payable, the Chief Electoral Officer shall send
a notice to the third party and the chief financial officer referred to in
subsection (4) indicating the amount of the late filing fee that is required to
be paid.

(6) If the third party and the chief financial
officer who are sent notices by the Chief Electoral Officer under subsection
(5) fail to pay the late filing fee set out in the notice, the Chief Electoral
Officer may file a copy of the notice with the clerk of the Court of Queen’s
Bench, and on being filed, the notice has the same force and effect and may be
enforced as if it were a judgment of the Court.

2010 c8 s89;2015 c15 s15;2016 c29
s43

Application

44.94 This Part applies

(a) on
and after January 1, 2017, with respect to third parties that engage in
election advertising, and

(b) on
and after the day the Bill to enact the Fair Elections Financing Act
received first reading, with respect to third parties that engage in political
advertising.

2010 c8 s89;2015 c15 s16;2016 c29
s43

Part 6.2 Repealed
2016 c29 s44.

Part 7
Prohibitions, Offences
and Prosecutions

Obstruction

45 No
person shall obstruct any person carrying out an inquiry, investigation or
examination under this Act or withhold from that person or conceal or destroy
any books, papers, documents or things relevant to the subject‑matter of
the investigation or examination.

RSA 2000 cE‑2 s45;2012 c5 s96

False documents

46 No
person shall knowingly make a false statement in any application, return,
financial statement, report or other document filed with the Chief Electoral
Officer under this Act.

RSA 2000 cE‑2 s46;2016 c29
s45

False statements

47 No
person shall knowingly give false information to a chief financial officer or
other person authorized to accept contributions.

RSA 1980 cE‑3 s39

Failure to provide audited
statements

48(1) The
chief financial officer of a registered party, registered constituency
association or registered candidate who contravenes section 42 or 43 is guilty
of an offence and liable to a fine of not more than $1000.

(2) When any contravention of section 42 or 43 is
committed by a chief financial officer of a registered party, registered
constituency association or registered candidate, the political party or
constituency association or candidate for which the chief financial officer
acts is also guilty of an offence and liable,

(a) in
the case of a registered party, to a fine of not more than $5000, and

(b) in
the case of a registered constituency association or registered candidate, to a
fine of not more than $1000.

(3) The chief financial officer of a registered leadership
contestant who contravenes section 43.02 is guilty of an offence and liable to
a fine of not more than $1000.

(4) The chief financial officer of a registered
nomination contestant who contravenes section 43.01 is guilty of an offence and
liable to a fine of not more than $1000.

(5) If the chief financial officer of a registered
nomination contestant is guilty of having contravened section 43.01, the
registered nomination contestant for whom the chief financial officer acts is
also guilty of the offence and is liable to a fine of not more than $1000.

(6) If the chief financial officer of a registered
leadership contestant is guilty of having contravened section 43.02, the
registered leadership contestant for whom the chief financial officer acts is
also guilty of the offence and is liable to a fine of not more than $1000.

RSA 2000 cE‑2 s48;2012 c5 s97;2016
c29 s46

Prohibition — expenses more than
maximum

48.1(1) A
registered party, or the chief financial officer of a registered party, who
contravenes section 41.2 is guilty of an offence and liable to a fine of not
more than $10 000.

(2) A registered candidate, or the chief financial
officer of a registered candidate, who contravenes section 41.3 is guilty of an
offence and liable to a fine of not more than $5000.

(3) A registered nomination contestant, or the
chief financial officer of a registered nomination contestant, who contravenes
section 41.4 is guilty of an offence and liable to a fine of not more than
$5000.

2016 c29 s47

Failure to comply with directions

48.2 A registered party, registered
constituency association, registered candidate, registered nomination
contestant, registered leadership contestant or registered third party who
fails to comply with a direction of the Chief Electoral Officer is guilty of an
offence and liable to a fine of not more than $1000.

2016 c29 s47

Offences by corporations, etc.

49(1) A
corporation, unincorporated organization or association or prohibited
corporation that contravenes this Act is guilty of an offence and liable to a
fine of not more than $10 000.

(2) Subsection (1) does not apply to a
contravention of section 45, 46 or 47 by a person that constitutes a corrupt
practice under section 176 of the Election Act.

RSA 2000 cE‑2 s49;2015 c15
s17

Third party election advertising
offences

49.1 A third party that contravenes a
provision of this Act is guilty of an offence and liable to a fine not
exceeding

(a) $10 000
if the third party is a person;

(b) $100 000
if the third party is a trade union, employee organization, corporation or
other organization.

2010 c8 s90;2012 c5 s98;2016 c29
s48

General offences

50 A
person, political party or constituency association that contravenes any of the
provisions of this Act, for which contravention no fine is otherwise provided,
is guilty of an offence and liable to a fine of not more than $10 000.

RSA 2000 cE‑2 s50;2012 c5 s99

Penalties

51(1) When
the Chief Electoral Officer is satisfied that any person, corporation, trade
union or employee organization has made one or more contributions in excess of
an amount permitted under this Act, the Chief Electoral Officer may by written
notice require that person, corporation, trade union or employee organization
to pay a penalty in an amount named in the notice not exceeding the amount by
which the contribution or contributions exceeded the amount permitted under
this Act or may issue a letter of reprimand to the person, corporation, trade
union or employee organization.

(2) When the Chief Electoral Officer is satisfied
that a prohibited corporation has made a contribution in contravention of
section 16, the Chief Electoral Officer may by written notice require the
prohibited corporation to pay a penalty in an amount named in the notice not
exceeding the amount contributed or may issue a letter of reprimand to the person,
corporation, trade union or employee organization.

(3) All penalties collected under this section
shall be paid into the General Revenue Fund.

(4) This section applies in respect of
contributions made before this subsection comes into force.

RSA 2000 cE‑2 s51;2006 c23
s26;
2010 c8 s91;2012 c5 s100

Administrative penalties

51.01(1) In
subsections (2) and (3) and section 51.03, “person or entity” means the person,
corporation, trade union, employee organization, prohibited corporation,
political party, constituency association or third party, as the case may be,
on whom a notice of administrative penalty or letter of reprimand is served
under this section.

(2) If the Chief Electoral Officer is of the
opinion that

(a) a
person has made one or more contributions in excess of a limit prescribed by
section 17(1) or 18(1),

(b) a
prohibited person or entity has made a contribution in contravention of section
16,

(b.1) a
person, a political party, a constituency association or a third party fails to
comply with a direction of the Chief Electoral Officer,

(c) a
prohibited corporation, a person ordinarily resident outside Alberta or a trade
union or employee organization that is not an Alberta trade union or Alberta
employee organization has made an election advertising contribution in
contravention of section 44.2(3), or

(d) a
person, a prohibited person or entity, a political party, a constituency
association or a third party has contravened a provision of this Act, otherwise
than as referred to in clause (a), (b) or (c),

the Chief Electoral Officer may
serve on the person or entity either a notice of administrative penalty
requiring the person or entity to pay to the Crown the amount set out in the
notice, or a letter of reprimand.

(3) A notice of administrative penalty must contain
the following information:

(a) the
name of the person or entity required to pay the administrative penalty;

(b) the
particulars of the contravention;

(c) the
amount of the administrative penalty and the date by which it must be paid;

(d) a
statement of the right to appeal the imposition or the amount of the
administrative penalty to the Court of Queen’s Bench.

(4) In determining the amount of an administrative
penalty required to be paid or whether a letter of reprimand is to be issued,
the Chief Electoral Officer must take into account the following factors:

(a) the
severity of the contravention;

(b) the
degree of wilfulness or negligence in the contravention;

(c) whether
or not there were any mitigating factors relating to the contravention;

(d) whether
or not steps have been taken to prevent reoccurrence of the contravention;

(e) whether
or not the person or entity has a history of non‑compliance;

(f) whether
or not the person or entity reported the contravention on discovery of the
contravention;

(g) any
other factors that, in the opinion of the Chief Electoral Officer, are
relevant.

(5) The amount of an administrative penalty that
may be imposed under subsection (2) must not exceed

(a) in
the case of a contravention referred to in subsection (2)(a), twice the amount
by which the contribution or contributions exceed the limit prescribed by
section 17(1) or 18(1), as the case may be, and in no case may the amount of
the administrative penalty exceed $10 000 for each contravention;

(b) in
the case of a contravention of section 16 or 44.2(3), twice the amount that was
contributed in contravention of that provision, and in no case may the amount
of the administrative penalty exceed $10 000 for each contravention;

(c) in
the case of a contravention referred to in section 48(1), (2)(b) or (3), $1000;

(d) in
the case of a contravention referred to in section 49.1,

(i) $10 000
if the third party is a person, and

(ii) $100 000,
if the third party is a trade union, employee organization, corporation or
other organization;

(e) in
the case of any other contravention, $10 000.

(6) A person or entity who pays an administrative
penalty in respect of a contravention shall not be charged under this Act with
an offence in respect of the same contravention that is described in the notice
of administrative penalty.

(7) A person or entity who has been served with a
notice of administrative penalty shall pay the amount of the administrative
penalty within 30 days from the date of service of the notice.

(8) Subject to the right to appeal, where a person
or entity fails to pay the administrative penalty in accordance with a notice
of administrative penalty, the Chief Electoral Officer may file a copy of the
notice of administrative penalty with the clerk of the Court of Queen’s Bench,
and on being filed, the notice has the same force and effect and may be
enforced as if it were a judgment of the Court.

2012 c5 s100;2015 c15 s18;2016 c29
s49

Time limit

51.02(1) A
letter of reprimand or a notice of administrative penalty may not be served
more than 3 years after the date on which the alleged contravention occurs.

(2) A disclosure under section 5.2(3)(a) may be made with
respect to an alleged contravention that occurred before the coming into force
of this section, but may not be made with respect to an alleged contravention
that occurred more than 3 years before the coming into force of this section.

2012 c5 s100

Appeal of administrative penalty

51.03(1) A
person or entity who is served with a notice of administrative penalty under
section 51.01 may appeal the Chief Electoral Officer’s decision by filing an
application with the Court of Queen’s Bench within 30 days from the date the
notice was served.

(2) The application must be accompanied with a copy of the
notice of administrative penalty and state the reasons for the appeal.

(3) A copy of the application must be served on the Chief
Electoral Officer not less than 30 days before the appeal is to be heard.

(4) The Court of Queen’s Bench may, on application either
before or after the time referred to in subsection (1), extend that time if it
considers it appropriate to do so.

(5) On hearing the appeal, the Court of Queen’s Bench may
confirm, rescind or vary the amount of the administrative penalty.

2012 c5 s100

Chief Electoral Officer’s orders

51.1(1) Where a
contribution has been made or accepted in contravention of this Act, the Chief
Electoral Officer may order that the amount of the contribution that was made
or accepted in contravention of this Act be returned to the contributor.

(2) If it cannot be determined who made the
contribution that was made or accepted in contravention of this Act, the amount
ordered under subsection (1) must be paid into the General Revenue Fund.

2010 c8 s92;2012 c5 s101

Prosecution

52(1) A
prosecution for an offence under this Act may be instituted against a political
party, constituency association or unincorporated organization or association
in the name of the political party, constituency association or unincorporated
organization or association and for the purposes of prosecution, a political
party, constituency association or unincorporated organization or association
is deemed to be a person.

(2) Any act or thing done or omitted by an officer,
official or agent of a political party, constituency association or
unincorporated organization or association within the scope of the officer’s,
official’s or agent’s authority to act on behalf of the political party,
constituency association or unincorporated organization or association is
deemed to be an act or thing done or omitted by the political party,
constituency association or unincorporated organization or association.

(3) A prosecution under this Act may be
commenced within 3 years of the commission of the alleged offence but not
afterwards.

RSA 2000 cE‑2 s52;2004 c23
s97;2010 c8 s93;2015 c15 s19

Restrictions

53 No
prosecution shall be instituted under this Act without the consent of the Chief
Electoral Officer.